Were the Douglas Treaties and the Numbered Treaties Fairly Negotiated?
Step 1: Discuss the idea of fair bargaining
Invite students to think of a time when they bargained to purchase something. What conditions are required in order for us to say that the bargaining process was fair? Prompt a
class or small group discussion by asking students to consider each of the following scenarios:
Is it fair bargaining if you make the deal but you . . .
- know the object is worth more than the person is asking for it?
- know the object is worth a fortune and the person is asking a tiny amount for it?
- know the person is reluctantly selling the object because he needs the money?
- threaten the person with harm or mischief if he doesn’t sell the object to you?
- know the person is a bit confused about some of the details because she didn’t speak
English well?
- know that the person is grossly confused about the most basic aspects of the deal (for
example, the person is very young and doesn’t understand the value of money or what it
means to sell something)?
- exaggerate slightly about the facts in an effort to negotiate a better price?
- offer outright lies to trick the person (for example, you lie when you say that an expert
valued the object at a $50 when the expert’s actual valuation was $300)?
Based on these discussions, invite students to agree on, add to or modify the following
criteria for a fairly negotiated agreement:
- Free authorized consent: Negotiations are fair only if one party is not unduly
pressured by the other party to make a deal and that both parties have authority to
enter into the agreement.
- Reasonable value under the circumstances: Although one side may benefit more
than another, especially if one party is desperate to sell, the value of the exchange
must not be grossly lopsided from the outset in favour of one of the parties.
- Fundamental understanding: Negotiations are unfair if one party suspects that the
other party may be grossly confused or ill-informed about the terms the agreement,
and does not make a sincere attempt to clarify the confusion.
- No significant intentional deception: Negotiations are unfair if one party
intentionally tries to deceive or trick the other party about very important matters in
the agreement.
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