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Lewis applied to college based on the promise of his application being assessed based on "scholarship, character and motivation" and this was in addition to "academic achievement". Upon reviewing the details further, Sam later found realized that non-academic factors were included and sued on the grounds that the contract was violated.
The rule to be assessed here is whether there was a contract and, whether verbal or written, whether the contract was violated.
At the end of the day, it is going to come down to what was said, what was not said and what was actually done. Given that, here is what seemingly happened:
• There was not a written contract in the sense that there was not a distinct offer, consideration and acceptance. However, the school can be held to what was in the bulletin
• The bulletin quite clearly states that they look at scholarship, character…
Dressler, Joshua (2014). Sum & Substance: Criminal Law. (Sixth). St. Paul, MN
Thompson West Group. 978-0314266910
Finz, Steven R. (2013). Strategies & Tactics for the Finz Multistate Method. (Third). New
York Wolters Kluwer. 978-1-4548-2506-7 CD
Contracts Law: Disney World Jurassic Park Amusement ide
The first question at issue in this study has to do with the termination of an employee for poor sales performance who entered into a non-compete agreement with the company, specifically that of Disney. The employee, Simpson agreed that he would not directly or indirectly compete with Disney as an agent, employer, broker, or contractor for one year from the date of termination. Simpson has argued that he has a wife and three children and that the non-compete agreement should not apply as he has a right to earn a living and this includes anywhere in the United States. Three questions are posed: (1) Is the restriction likely to be found reasonable by a court of law? (2) Does the agreement restrain trade? (3) What change if any would you make to the restrictive wording above for the future?
In answer to…
An Introduction To Corporate Regulation and Standardization (2013) Legal Practitioner. Retrieved from: http://legal.practitioner.com/regulation/standards_9_3_1.htm
Corbin, A. (1919) Conditions in the Law of Contract. Yale Law School. 1 Jan 1919. Retrieved from: http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=3855&context=fss_papers
Entire Agreement (2013) Contract Standards. Retrieved from: http://www.contractstandards.com/contract-structure/general-provisions/entire-agreement
Glazov, J. (2009) Liquidated Damages In Construction Contracts Part 1 -- What Are Liquidated Damages And Why Have Them. Construction Law Today. Retrieved from: http://www.constructionlawtoday.com/2009/04/liquidated-damages-in-construction-contracts-part-1-what-are-liquidated-damages-and-why-have-them/
Contract is a mutual agreement between at least two persons or parties, aimed at achieving a certain business goal. A contract can be oral or written, although, over the years, written contract has been preferred due to disputes that may arise in the later period of the contract. Often a lawyer is required during the mutual agreement, to ensure that the contract is legal, and serve as a witness of the agreement between the two. Contractual disputes can be during or even after the business process. This often results due to disagreements between the two parties or even misunderstanding.
Procedures in solving contract dispute
Contract Dispute Act is set by the United State that provides guidelines and procedures required whenever a dispute arises, and such disputes resolutions differ depending on the nature of dispute involved. Dispute resolution process involves filing a contract dispute between the two parties and…
Bower, G. a. (1998). Basic Behavioural Science. London: DIANE Publishers.
Publictions, W.B. (2008). Public Expenditure Management and Financial Accountability Review. New York: World Bank Publications.
Stalcup, G. (1999). Judgement Fund. London: DIANE publishers.
Contracts (except for those of high paid professional athletes who believe that they do not have to be held to such trivialities) are documents that require events to take place at the behest of each participant. When the participants are buyers and sellers, a contract is normally written to specific exactly what the buyer will receive from the seller, and what the seller will receive from the buyer. The contract also spells out any terms and conditions of the purchase or sale, and what the consequences will be if the contract is not fulfilled by either party.
As one recent article reports "contracts are mediated by markets, implying that there exists a price for every possible good for each possible contingency over each possible date" (Nosal, 2010, p. 1). As Nosal puts it, people choose to buy or sell goods to maximize their own happiness, and their only constraint is…
Nosal, E.; (2010) What is clearing and why is it important? Chicago Fed Letter, Issue 278, pp. 1-4
Contracts and Performance-Based Acquisition
A contract is a planned and legal agreement made between two or more parties with intent. It could be oral or written and may involve business individuals, employers and employees, or tenants and land lords. elations built through contracts emerge from offers given, reception, intentions, considerations and genuine consent, and legal agreement from which the contract began. Every person involved in a contract gains responsibilities and rights similar to those of other individuals in the contract. Legally, all parties benefit equally from the contract, meaning all members are entitled to equal rights whatsoever. While contracts remain enforceable whether they are spoken or written, a written contract ensures legal security to all parties involved. This is because a spoken contract will only depend on the loyalty of people involved but with not future reference whatsoever. A written contract on the other hand will have recorded details on…
CCH Incorporated. (2007). Government contracts reference book; New York: CCH Incorporated,
C. Ralph. (2012). Intellectual property in government contracts: 2012 statutory and regulatory supplement. New York: Wolters Kluwer Law & Business Publications
C. Terrence. (2007). Understanding government contract law. New York: Management Concepts Publishing
F. Steven. (2011). Feldman and Keyes' government contracts in a nutshell, 5th (West Nutshell Series). Minnesota: West Publications
contract formalizes the agreement between two parties regarding buying a certain item, entering into a certain service, or accepting a certain condition. Contracts cover a huge span of agreements including the sale of goods or real property, the terms of employment or of an independent contractor relationship, the settlement of a dispute, and ownership of intellectual property developed as part of a work for hire.
For a contract to be enforceable, it must constitute six factors:
Mutual consent -- both seller and buyer must be in full and comprehensive agreement of what the one is selling and the other is receiving
Offer and acceptance -- these must be clearly spelled out and comprehended by both parties
Mutual consideration -- the item / service must be one of value and turn out to be so, too.
Performance or delivery -- both must be intact. There must be, in other words, no…
Larson, A. (October, 2003) The Statute of Frauds and Contract Law. Expert Law.
* Reality of Conset (Chap. 13)
Tis allows tem to ave an advantage if litigation becomes inevitable.
5. Non-Competition Clause a/k/a Covenant Not to Compete Clause - Most companies will attempt to protect teir intellectual capital from competitors by aving employees sign a non-competition agreement or, alternatively, by including a non-competition clause as part of an employment contract. Suc agreements restrict an employee from joining forces wit a competitor or setting up is or er own competing business for some period of time witin a particular territory (geograpical or oterwise). Tese agreements ave become so common in te tecnology sector tat most people use tem witout muc attention to teir content. Tis is wrong, and a lot of companies come to pay dearly for suc a careless approac. It is important t o note tat not only do companies dealing wit intellectual property use suc an agreement. Tis clause is utilized any time a company wants…
Contract Dispute -- Car Sales
The purpose of this essay is to review the field of contract regulations and laws as they relate to the termination of a contract. The matter discussed in this paper has to do with a change in the manufacturing specifics of car models available for purchase. A customer did not want to buy a car with a 5.9 liter V8 engine as he desires to be more conservation with fuel than this model would permit. The customer requests a vehicle with a 3.2 liter engine, and the sales contract is written accordingly. After the fact, both the car dealer and the consumer learn that the car is no longer available with a 3.2 liter engine or a 3.9 liter engine. In fact, all of the engines currently being manufactured for this model of car are 3.5 liter in size. A number of contract…
Macaulay, S., Braucher, J., Kidwell, J.A., and Whitford, W. (2010). Contracts: Law in Action I (3rd ed.). LexisNexis.
Research Guide and Introduction to the UCC from Duke University Law School Retreived http://www.law.duke.edu/lib/researchguides/pdf/ucc.pdf
The American Law Institute -- UCC 2007 Edition. Retrieved http://www.ali.org/index.cfm?fuseaction=publications.fpage & node_id=86&product_code=1UCCOTC07
Text of the Uniform Commercial Code (UCC) at the Legal Information Institute, Cornell University Law School. Retrieved http://www.law.cornell.edu/ucc/ucc.table.html
Typically, a contract will be the written version of the agreement. An agreement without a contract is often not enforceable by law. The intent to create legal relations in this instance is clear on the part of EndZone, as per their email, but is not clear on the part of Maverick. The email iterates the consideration, timing and price contained within the agreement. However, EndZone would need to prove that Maverick has agreed to these terms. Maverick did not respond to the email, and only purchased $1,000 worth of goods over that time period. EndZone must provide a preponderance of evidence and it is unlikely that a sent email, unresponded to, and allegation of an oral agreement are unlikely to constitute that preponderance. Given that EndZone will be unable to demonstrate clear consideration in the form specific products and specific prices for those products, they will be unable to prove…
Uniform Commercial Code. Retrieved July 4, 2009 from http://www.law.cornell.edu/ucc/1/article1.htm
This paragraph serves as the introduction to this contract proposal report. The contract will be written from the government's perspective as far as the fencing project goes and will cover the seven main points asked for in the assignment parameters. In order, those parameters are the purpose of the federal program and the historical context therein. Second, the small business set-aside program (SBSP) will be evaluated based on eligibility to participate and other details. Third, the dollar threshold reserved for business contracts in this scenario will be described. Fourth, an analysis of the contract formats for government contracts will be evaluated to include universal and commercial formats. The format to be used for this situation will be described in this scenario, per the assignment parameters. Fifth, the purpose of source selection will be evaluated for the purposes of this plan. Sixth, the ranking of criteria for the evaluation…
DoD. (2013, August 18). United States Department of Defense (defense.gov). United States Department of Defense (defense.gov). Retrieved August 18, 2013, from http://www.defense.gov/
E-Verify. (2013, August 18). USCIS - E-Verify. USCIS Home Page. Retrieved August
18, 2013, from http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b
9 ac89243c6a7543f6d1a/?vgnextoid=75bce2e261405110Vgn VCM100000
Case Study- Contracts Law
There were two offers. There is an offer is a meeting of the minds can be reached by the recipient of the offer accepting the terms of the offer. The first offer was by Galaxy Computer store and consisted of Galaxy placing an ad in the paper for Pentium 4 computers for $3,000. The second offer was by Gabrielle and consisted of her offering a her old computer as a trade-in, $1,000 down, and monthly payments in lieu of $3,000 in exchange for the computer. Because Gabrielle made a counter-offer to Galaxy's offer, there were two offers.
There was acceptance of the contract. Acceptance means that the party to whom the offer was directed consents to its terms and agrees to the formation of the contract. There was no acceptance by Gabrielle of Galaxy's offer of a computer in exchange for $3,000. Instead, Gabrielle…
Some of the contracts which minors can't disaffirm include education loan contracts, insurance (health and life) contracts, armed forces enlistment contracts etc. Further, in some states, if a minor who seems (in terms of appearance) to be of majority age misrepresents his age at the time of entering into a contract with a competent party, such a minor is treated as an individual who has attained the majority age and in such a case, the minor may not be able to disaffirm the contract. In most cases, when a minor enters into a contract whereby he or she is provided with a necessity by a competent party, his or her right to disaffirm such a contract becomes limited. Though the minor may still disaffirm such a contract (technically speaking), he or she still remains liable for a significant value of the consideration. This exception is designed to ensure that minors…
Kidnapping, extortion and detention are real dangers for businesses that operate both overseas and in domestic markets. Top management of these firms often overlooks these things by saying that it will never happen to us. They seem to not understand how much damage it can do to a business. "With more than 1,000 annual kidnappings of business professionals and executives all around the world and number of terrorist's attacks, such policies is an absolute necessity in the eye of life and health insurance professionals who travels internationally" (Gordon, 2009). Kidnap and ansom insurance policies give a cushion to a business with regard to independent investigations, collaborations, arrangement and delivery of funds, and number of other services pivotal to a safe, speedy and satisfactory resolution. Any business of any size can be a target for extortion threats against them or their employees. People are inclined to think business extortion and kidnapping…
Eisenberg, Melvin a. (2002). Contracts. Chicago: Thompson.
Gilbert's Law Dictionary. (1997). Chicago: Harcourt Brace.
Gilroy, Tony and Hackford, Taylor. (2000). Proof of Life. United States: Castle Rock
Contract Modification -- The situation involves a buyer, Tabor, and a seller, Martin. The two enter into a contract to deliver 50 file cabinets at $40/cabinet in five equal installments, or 10 cabinets per delivery for $400. After two deliveries, Martin tells Tabor that inflation has caused costs to increase and he can only deliver the remaining 30 cabinets if Tabor pays $50. Tabor agrees in writing. Can Martin legally collect the additional fees? The answer is dependent upon the wording of the initial contract and whether Tabor's agreement in writing makes the agreement part of the contract or if Martin is in breach of the original contract and Tabor only agreed to the new price to ensure delivery of his needed items. If there are no price adjustments in the original contract, then Martin cannot legally force Tabor to pay anything more than the agreed upon price. If he…
Contract Obligations. (2010). Legal Match. Retrieved from: http://www.legalmatch .com/law-library/article/contract-obligations.html
Introduction to Contracts and Consideration. (2012). National Paralegal College. Retrieved from: http://nationalparalegal.edu/public_documents / courseware_asp_files/contracts/Consideration/IntroductionAndConsideration.asp
Read This Before Entering Into A Contract Intoxicated. (2012). Laws.com Contract Law. Retrieved from: http://contract-law.laws.com/consideration/intoxication
Who Lacks the Capacity to Contract? (2011). NOLO Law for All. Retrieved from: http://www.nolo.com/legal-encyclopedia/lack-capacity-to-contract-32647.html
The government official has a legal as well as an ethical responsibility to put the interests of the public first, as a public servant. To fail to do so will result in greater cost to the taxpayer, and perhaps even an inferior product. This type of waste takes money away from other, more worthy public projects as well, including aid to the poor.
Government contracting officers have unique responsibilities and special, additional privileges as a result of their duties: "Of all government personnel, only a Contracting Officer has the authority to enter the government into a binding contract. He or she will be the one to sign the final contract agreement, and only a Contracting Officer has the power to change the terms of the contract" (Government contracting personnel: Understanding roles played, 2011, ONVIA). The contracting officer is thus acting on behalf of the entire government, and has unique powers…
Business ethics in government contracts. (2011). ONVIA. Retrieved
February 17, 2011 at http://www.onvia.com/b2g-resources/article/business-ethics-in-government-contracts
Government contracting personnel: Understanding roles played. (2011). ONVIA. Retrieved
February 17, 2011 at http://www.onvia.com/b2g-resources/article/government-contracting-personnel
Additionally, no terms of the contract can be changed, including in terms of new clauses being added.
3. A bilateral contract involves two parties that exchange a set of promises that determine the rights and obligations of each of the parties. As such, each of the parties will have a set of promises that they oblige to undertake if the contract is enforced. There are also returns for each of the parties in this type of contract.
A unilateral contract is the type of agreement where only one of the parties of the contract promises to fulfill a set of obligations to the other party. Beyond this, one of the main differences to a bilateral contract is that the acceptance does not need to necessarily be communicated to the offeror, but can rather be implied through the party completing the promise made in the agreement.
4. There are several rules…
Owners Names: George and Marilyn Comes Phone [HIDDEN]
Job Location: 123 Mockingbird Lane
Capital Home Improvement, LLC (hereinafter referred to as CHI) proposes to supply all material, labor and equipment to complete the entire tear off, repair and replacement of the roof located at the above stated location in accordance with the plans and specifications attached to this agreement. All materials, finishes, and labor provided herein shall be equal to or superior to those typically used in the roofing industry unless otherwise noted. Work provided by CHI includes, but is not limited to: the complete tear off of the existing roof, repair and/or replacement of existing subfloor, installation of new sub-roof, and replacement of all shingles. All work will be performed in accordance with industry standards and local building codes. CHI accepts no responsibility for any defect in the existing structure that is not…
Cheung, S.O.; Wong, W.K.; Yiu, T.W.; Kwok, T.W.; (2008) Exploring the influence of contract governance on construction dispute negotiation, Journal of Professional Issues in Engineering Education and Practice, Vol. 134, Issue 4, pp. 391-398
(University of Oslo Law School, 2005) Characteristic for the Norwegian legal tradition in the 20th century, as for the rest of Scandinavia, is the so-called "legal realism," which has emphasized considerations of justice in legal reasoning. Conceptualism and integrated theoretical systems have never been followed in Scandinavia, in other words, there is no attempt to create a unified theory of contract law, rather disputes are handled by a case by case basis, with more faith in the practices of the judges to administer and dispense justice. (Lillebakken, 1997)
Lillebakken, Frode. "Norway: ECTS 1996/97" University of Oslo Law School. 1996. http://www.jur.uib.no/Studier/Utland/English/ECTS/LEGAL.htm
University of Oslo Law School. "American Contract Law: Boiler Plate Essays." 2005. Anglo Project. http://www.jus.uio.no/ifp/anglo_project/essays.html
Lillebakken, Frode. "Norway: ECTS 1996/97" University of Oslo Law School. 1996. http://www.jur.uib.no/Studier/Utland/English/ECTS/LEGAL.htm
University of Oslo Law School. "American Contract Law: Boiler Plate Essays." 2005. Anglo Project. http://www.jus.uio.no/ifp/anglo_project/essays.html
So, even though the scope of this clause is broad such that it encompasses disclosure to any person in perpetuity, a court of law will likely enforce it against Writer with an injunction and monetary damages.
D. GOVERNING LAW. It is intended by the Parties that this Agreement be valid and enforceable under the laws of the state of Texas and that the laws of this state shall govern this Agreement's interpretation.
*Note: The choice of law clause is very important because different states treat noncompetition agreements with varying degrees of acceptance. Since most films originate in California, it is likely that both the Company and Editor are California residents and it would probably make more sense to use California law; but California law is very strict on noncompetition agreements
. Therefore, since the film will be shot in Texas, it makes sense to choose Texas law instead.
Contract Law: Contract Law
Marx et. al. v. The Globe Newspaper Co.
Full article available on the web at http://www.nwu.org/journ/glob0006.htm
The case -- article summary, facts, and overview
They want us to labor in "sweatshops in cyberspace," alleged Elizabeth Bunn of the Boston Globe.
Bunn was director of a writer union's Technical, Office and Professional Department and spoke regarding the 2000 dispute between freelance writers, illustrators, and photographers of the Boston Globe and the newspaper's editorial staff. The union representing the freelancers of the Globe began the court case of Marx et. al. v. The Globe Newspaper Co. In 2000. They filed a class action lawsuit on behalf of these one thousand freelancers.
The union sought an injunction in Massachusetts Superior Court against the Globe's unfair and deceptive trade and union negotiating practices regarding a contract between the freelancers and the newspaper. "The lawsuit was filed after the Globe attempted…
National Writer's Union. "Freelance Contributors Sue Boston Globe" June 12, 2000.
Full article available on the web at http://www.nwu.org/journ/glob0006.htm
National Writer's Union. "Tasini et al. Vs. The New York Times et al. Complaint." 1993.
Full case available on the web at http://www.nwu.org/tvt/tvtcomp1.htm
A lawsuit would create bad publicity for the bank during a period when it needs to create a positive image for itself in the media.
Retaining a strong relationship with an IT business partner is beneficial for CS, given the ever-changing nature of technology. The changing demands of the project is one reason the company has had such as stressful relationship with SS, and presumably the new system will require updates and reform in the future. Fostering a bad relationship with a well-known technology company is hardly in the interest of CS if it needs to update its system again.
Specific measures managers may take to minimize legal risk or realize legal opportunities.
Clarity in wording is essential in the future agreement for both parties. From the perspective of SS, limiting its liability is of paramount important, given that under the current contract, regardless of how tenuous an argument, CS…
All other issues are derived from this rule. Many of the modern contracts have express conditions, which are explicit contractual provisions that the parties need to abide by. The related elements that this incurs are detailed in the subchapter referring to express conditions. An interesting element of contract performances is those particular contracts that are divisible. In those cases, the parties' performance can be apportioned into pairs of matching or corresponding parts.
The part of this chapter discussing breaches of contracts starts with a classification of breaches into material and minor breaches, with each of the two being discussed in detail. Anticipatory breach is referred to and is defined and categorized in another part of the chapter.
Chapter 6 discusses general remedies for contracts and starts with basic measures that can be undertaken. The damage measures are described as being determined either based on the expectation of damages, or as…
standard forms of contract. It is the author's contention that a person needs to be familiar with basic contract formation and law in the state in which they are operating to avoid costly legal issues, especially with regard to states that have oral contracts.
People use contracts in business relationships because they are intended to protect both parties because they are standard and eliminate vagaries in the business relationship. This is because the contract considers the essential elements and other issues and contingencies in the business relationship between the parties.
In the Powerpoint presentation, we learned standard forms of contracts that are available include bespoke vs. standard forms of contract. The bespoke form of contract is probably what most people will see in their lives. This is written specifically to satisfy situational circumstances. The classroom example that it most common is a builder's contract that states when the builder is…
Kelleher Jr., T.J., & Smith, C. (2011). Smith, currie and hancock's common sense construction law: A practical guide. Hoboken, N.J.: John Wiley and Sons.
The oral contract. (2011). Retrieved from http://www.nacollawfirmblog.com/business-transactions/the-oral-contract
Whichever party files the claim has the initial burden to establish that a valid contract existed (Halbert & Ingulli, 2009). In that regard, any credible evidence such as a tape recording of the original telephone call or of any subsequent calls referring to the existence of the agreement will suffice to establish the existence of a valid enforceable verbal contract for services to be provided by Eddie. Credible testimony in court from witnesses who actually heard the conversation or to whom either party admitted the existence of the agreement would also establish the existence of a valid and enforceable contract (Halbert & Ingulli, 2008).
If Eddie breaches, Grace would be seeking the remedy of the compensation for any benefit of the bargain lost, such as where she subsequently ends up paying more for the same services. If Grace breaches, Eddie would be seeking his lost profit from the sale of…
Friedman, L.M. (2005). A History of American Law. New York: Touchstone.
Halbert, T., and Ingulli, E. (2008). Law & Ethics in the Business Environment.
Cincinnati, OH: West Legal Studies.
Not all offense levels are entitled to a jury trial and each jurisdiction has its own standard in this regard. As a general rule, however, any offense involving the possibility of incarceration as a sanction is entitled to the benefit of a jury trial. This same standard is applicable, as well, to the right of every defendant to be represented by counsel. In all cases, regardless of the seriousness of the offense, the rules of criminal procedure grant the defendant the right to confront any and all witnesses involved in the formation of the charges against him. This right includes the right to cross-examine all such witnesses and to require their attendance at trial through the use of a subpoena.
The distinguishing factor that separates criminal trials from civil ones is the burden of proof. Criminal Procedure in all U.S. jurisdictions requires that guilt in the criminal court is based…
Genix, Inc., has contracted to sell Larson five hundred washing machines of a certain model and list price. Genix is to ship the goods on or before December 1. Genix produces one thousand washing machines of this model but has not yet prepared Larson's shipment. On November 1, Larson repudiates the contract. Discuss the remedies available to Genix in this situation.
Larson breech the contract
The remedy to the manufacture for the breach of contract
There are several remedies that are available for a breach of contract that attempt to provide a remedy for the damage incurred by one party not fulfilling the terms of the agreement. In this case, since the washing machines were already produced and there was still time to ship them, the cost will have to account for the damages that it will incur by not being able to ship the 500…
Sean Brosnan was a high school senior. He filled out his applications for college in September of 2015, including an application for early decision to Queens University. In December Brosnan received a thick packet from Queens, which included a glossy brochure entitled, "Welcome to Queens." The first page of the brochure said, "Welcome to Queens!! We are delighted to have you as a member of the university community! We will be holding a place for you in the class of 2020 if you submit a $200 deposit by January 20. We would remind you that by your application for early decision, you indicated your commitment that if you were accepted to Queens, you would withdraw any applications that you have filed to other colleges and universities." The brochure included an "Acceptance Coupon" providing that the signer was making a "definite commitment to attend Queens University during the coming academic year,…
Baranoff, Brockett, and Kahane, "Workers' Compensation Laws and Benefits," Chapter 16,
pages 659 to 707 in Enterprise and Individual Risk Management (v. 1.0).
Employment Contracts: Encyclopedia of Business Ethics and Society
International Cooperative Healthcare Model
PLEASE WRITE THE SPEAKERS NOTES. I WILL EVELOP THE 15 SLIES FROM THOSE NOTES. THE NOTES MUST SUPPORT THE 15 SLIES. PLEASE USE MY PREVIOUS PAPERS AS RESOURCES IN AITION TO THE BOOKS I HAVE ATTACHE. If you are unsure, please contact me.
Resources: Cooperative elivery Model and Annotated Bibliography assignments; course readings
Address potential challenges to your model in the presentation and the feasibility of using your model as a pilot program that could be expanded to other countries, thereby creating a global service network.
Format any citations and references in your presentation consistent with APA guidelines.
International cooperative healthcare model
Healthcare cooperatives involve many different types of organizations: Nonprofit agencies, Non-governmental organizations (NGO), commercial companies, and government, depending on the political jurisdiction. The cooperative can take many different forms, including purchased or shared services, worker-owned or patient-owned organizations, community owned organizations, or jointly…
Davis, K. (2009, June 22). Cooperative Health Care: The Way Forward?, The Commonwealth Fund. [Blog]. Retrieved http://www.commonwealthfund.org/Content/Blog/Health-Cooperatives-The-Way-Forward.aspx
International Health Co-operative Organization (IHCO), International Co-operative Alliance (ICA). (2011). [Web]. Retrieved http://www.ica.coop/ihco/newsanddoc.html
The Zambia Prevention, Care, and Treatment Partnership: A Model Program. (2008). U.S. President's Emergency Plan for AIDS Relief, U.S. Agency for International Development (USAID) Retrieved http://www.fhi.org/NR/rdonlyres / etkgr3honbl4chb7p5mxtcbioozlrk2pmfxctmfcu2ozsmunapqkvxdblxk4wtme6ij7xpj3thdfik/ZPCTModelProgramReportHV1.pdf
contract while the other on unilateral contract.
Summary of Important Facts
The Pioneer Trail Ultramarathon is sponsored by ocky Mountain aces, Inc., with $10,000 as the advertised first prize. According to the rules, competitors are required to run a distance of about 100 miles from the bottom of Blackwater Canyon to the very top of the Pinnacle Mountain. The rules further states that ocky Mountain aces has the right to alter the terms that bind the races, whenever they deem fit. Monica goes into the race and is named the winner of the competition (Instruction made available by the customer). ocky Mountain aces decides to pay her $1,000 instead of the usual $10,000. Then the big questions is, does any contract exist between ocky Mountain aces and Monica?
Legal matters Involved
The legal matter involved is the possibility of breaching a contract (Writer Thoughts).
In a one-sided or…
(n.d.). BusinessDictionary.com - Online Business Dictionary. What is implied contract? definition and meaning. Retrieved October 25, 2015, from http://www.businessdictionary.com/definition/implied-contract.html
Devine, P. (2010, April 14). Articles on All Regions including Law, Accountancy, Management Consultancy Issues. Contractor Can Recover On The Basis Of Unjust Enrichment If There Is No Express Contract - Real Estate and Construction - United States. Retrieved October 25, 2015, from http://www.mondaq.com/unitedstates/x/96538/Building+Construction/Contractor+Can+Recover+On+The+Basis+Of+Unjust+Enrichment+If+There+Is+No+Express+Contract
(n.d.). Legal Dictionary. Unilateral Contract legal definition of Unilateral Contract. Retrieved October 25, 2015, from http://legal-dictionary.thefreedictionary.com/Unilateral+contract
Elance has a Services Agreement, which acts as part of company's Member Contract between Client and Provider. The agreement is considered effective after a client awards and provider accepts a job on the firm's website. In this case, the Member Contract is implemented once the client agrees to purchase and the provider agrees to deliver a job on the site. In order to ensure the suitability of the Member Contract, the Service Agreement is based on the company's conditions, terms, rules, guidelines, and policies that include the organization's terms of service. Notably, the client is responsible for managing, accepting, evaluating, and making payments for suitable Provider Services based on the Member Contract in an apt and professional way. One the contrary, the Provider is responsible for the quality and performance of Client Services based on the Member Contract in a professional and timely manner. This Services Agreement or Member…
"Hypothetical Case Scenarios -- Procurement, Patient Choice and Competition Regulations."
(2013, May 20). Monitor. Retrieved October 4, 2013, from http://www.monitor-nhsft.gov.uk/sites/default/files/publications/ToPublishIllustrativeCaseStudies20May2013.pdf
Mack, D.J. (2011, October). Basics of U.S. Contract Law. Retrieved October 4, 2013, from http://www.ieee.org/membership_services/membership/discounts/us_contracts_basics.ppt
"Services Agreement between Client and Provider." (2010). Elance. Retrieved October 5, 2013,
Therefore, these agreements can determine an increased level of quality of the contractors' efforts.
The advantages of the basic ordering agreements also rely on the fact that they allow to agree on prices and quantities of products and services that are not established when the agreement is made. But in such situations it is expected that the government is likely to purchase these products and services and the contractors agree on providing them when they are required by the government.
However, there are also certain disadvantages associated with these agreements. These disadvantages refer to the fact that in certain situations the costs associated with these contracts cannot be anticipated. This makes it difficult for the government to establish the level of resources that can be attributed to these purchases. It is important to establish the costs of the contracts in accordance with the production costs of the providers.
1. Symes, S. (2012). Advantages and Disadvantages of a Fixed Price Contract. Retrieved June 9, 2012 from http://smallbusiness.chron.com/advantages-disadvantages-fixedprice-contract-21066.html .
2. Basic Ordering Agreement (2012). Business Dictionary. Retrieved June 9, 2012 from http://www.businessdictionary.com/definition/basic-ordering-agreement.html .
3. Philpott, D. & Cook, S. (2012). Managing Cost Reimbursable Contracts. Government Training Inc. Retrieved June 9, 2012 from http://governmenttraininginc.com/pdfs/Cost-Reimbursable-TOC-Excerpt.pdf .
contract with a property management firm usually provides for various issues that are inherent in a real estate agreement. This will include the individual obliged to pay rent, who is the tenant, the commencement date, the address and the amount to be paid. This contract may be also be passed to real estate's firm for other purposes other than for residence including parking, storage, and business transactions.
A default usually occurs in instances when the tenant fails to follow the terms on the contract. Most common contracts are 6 months, 1 year or 2 years long. Some tenets violate the terms of the contract by moving out before the stipulated date while others move out without proper notice especially in contracts that continues on a month to month basis. In addition, the landlord might also violate the terms of the contract by getting the tenant out before the contract ends.…
Learning Annex Holdings, LLC v. Whitney Educ. Group, Inc., _ F. Supp. 2d _, No. 09 Civ. 4432 (SAS), 2011.
Professional Liability Agents Network. "Get it in Writting: Avoid Verbal Contracts ." www.vgic.com. June 2011. (accessed December 10, 2012).
Varney v. Ditmars, 111 N.E. 822,(N.Y. 1916).
Elements needed in order for a contract to be formed
The essential aspects of contract that make it legally binding contract are; there must be an offer and acceptance in that the offer by one party is accepted by another party. Intention to create a legal relation, the contract will not be valid only on the basis of only there being an agreement, but also on the intention to getting into the legal agreement. There other element is consideration which refers to the price paid by the one party for the promise of the other party. Legal capacity is yet another element in forming a contract, those with mental impairment, minors, bankrupts, corporations and prisoners are not able to get considered as having legal capacity to get into a contract (Fitzroy Legal Services, 2012).
Conditions for an offer to be valid/legal sufficiency
There however are situations where a contract…
Erick Goldman, (2003). Notes on Contract remedies. Retrieved May 26, 2013 from http://www.ericgoldman.org/Courses/contracts/contractremedies.htm
Fitzroy Legal Services, (2012). Elements of Contract. Retrieved May 26, 2013 from http://www.lawhandbook.org.au/handbook/ch12s01s02.php
The 'Lectric Law Library. (2013).Agent. Retrieved May 26, 2013 from http://www.lectlaw.com/def/a026.htm
US Legal, (2010). Breach of Contract: Defenses. Retrieved May 26, 2013 from http://contracts.uslegal.com/breach-of-contract-defenses/
contract for sale must be made and signed by bot parties or by parties' autorized agent. All details must be clearly and specifically stated. Te contract must also satisfy all details of subsection and satisfies requirement unless recipient gives notice of complaint witin 10 days of signing contract. All tese contracts refer to goods of $5,000 or more.
A contract wic even toug it does not satisfy te details of subsection, may still be enforceable if:
buyer as specifically requested goods tat are custom-made just for im and would not be suitable for anoter if te party against wic claim for enforcement was made admits tat te original contract was enforceable but tat e sees no grounds for enforceability under tis or oter paragrap contract is also enforceable in regards to goods tat ave been paid for, accepted, and used.
Contracts may become unenforceable if not carried out witin te…
One of the most common forms of legal agreements is contracts. These are obligations that allow both parties to receive specific benefits based upon meeting certain conditions. In the last few years, they have become increasingly common as way to spell out the requirements for everyone to follow. To fully understand how this occurs requires carefully examining an example of contract. This will be achieved by looking the five elements and if the results were successful. Together, these factors will illustrate how this is used to create a foundation for conducting business and meeting different obligations. (ogers, 2012)
An Example Contract and the Five Elements
The basic contract that was entered into was a rental agreement. It involved the individual leasing a three bedroom and two bathroom house. The monthly rent was a $1,000.00 per month. The landlord required one month of security and a $500.00 damage deposit. This…
Cortesi, G. (2004). Mastering Real Estate Principles. Chicago, IL: Dearborn.
Rogers, S. (2012). Essential of Business Law. San Diego, CA: Bridgepoint Education.
In order to write the proposed personalse services contract, it is critical to include the following elements:
-names and identifying information for both parties;
-payment rate and frequency;
-expected duration of the project;
-duties of the editor;
-rights of the editor;
-rights of the film scripting group;
-duties of the film scripting group;
and nondisclosure and non-compete provisions.
Film/Script Editing Agreement
This agreement for Film Editing is entered into on March 7, 2012 by Charlie Chaplin (Chaplin), film editor (Chaplin) and Victor Price, Vice President of Hypothetical Films (Hypothetical Films) in his capacity as Vice President, and covers services for the film with the working title Underground Lives (Lives), a film about the lives of illegal immigrants in Texas.
Subject to the terms and conditions of this Agreement Chaplin agrees to provide Hypothetical Films with film/script editing services related to Lives, including but not limited to editing work…
These different elements are important, because they make it difficult for the federal government to adjustment to large scale projects. This is problematic, because it means that inevitable cost overruns and delays will occur (despite using these agreements to deal with these issues). (Carr, 2004)
Discuss which element(s) of cost-reimbursement contracts tend to produce the biggest troubles for contractors and why.
The biggest elements that are giving contractors the largest challenges with reimbursement agreements are the lack of flexibility they have. Like with the federal government, contractors have to work within the overall scope of the accord. During the course of various projects, this can often lead to cost overruns. The reason why, is because the contractor must issue new agreements to: cover additional costs or changes to the underlying work. Once this occurs, it means that it is only a matter of time until there will be delays and…
Federal Contract Awards. (2009). Fed Spending. Retrieved from: http://www.fedspending.org/fpds/tables.php?tabtype=t1&rowtype=f&subtype=a&sorttype=tot
Environmental Management. (2005). Department of Energy. Retrieved from: http://www.em.doe.gov/PDFs/EMAB_Contract_Strategy_and_Mgmt_Presentation_092905.pdf
Carr, A. (2004). Federal Contracts and Assistance Relationships. Public Law Research Institute. Retrieved from: http://uchastings.edu/public-law/plri/spring95/basefund.html
Manuel, K. (2010). Contract Types. Washington DC: U.S. Government Printing Office.
Legume and Arrow Contract Order
IAC Method Assessment of Case Study
Statement of Facts
Issue (Question at Hand)
ule (Statement of the Law)
Case Name: This is a case between K.K. Legume Inc. which is a sweater manufacturer and Arrow LLC signs a contract with them stating that Arrow will buy a certain amount of brand Arctic Ice which are 100% wool for a one year agreement of $12.00 per unit (Path Finder Advisors, n.d.).
Statement of Facts: However legal action has been determined in the case of contract because two different yet unexpected issues took place that neither company anticipated. The first problem that has been defined is that there is a sheep shortage for making the sweaters which is obvious because there are less and less sheep to shear for the increase in the demand for wool which has affected the suppliers that K.K. Legume Inc.…
FindLaw. (2011). Breach of contract and lawsuits. Retrieved from http://smallbusiness.findlaw.com/business-forms-contracts/business-forms-contracts-overview/business-forms-contracts-overview-breaching.html
Path Finder Advisors. (n.d.). How to brief a case brief format irac method. Retrieved from http://pathfinderadvisors.org/classwork/Briefing%20Cases/HOW%20TO%20BRIEF%20CASE.pdf
contract is a legally enforceable promise that allows commerce to flow smoothly throughout society. ithout contracts, businesses and consumers would be embroiled in constant disputes with potential for fraud and frequent misunderstandings but the fact that contracts are available does not eliminate disputes and resulting litigation. The courts are full of cases involving transactions between parties that have been formalized by the existence of a contract but the existence of a contract, or what the parties believed was a contract, does not ensure that matters will progress without problems.
Although contracts are in their simplest form promises there are elements that must be contained in contracts that distinguish them from simple promises. All contracts must contain: 1) an offer; 2) an acceptance; and 3) consideration. In a perfect world, every contract would have clearly identifiable offer, acceptance and consideration but in reality this is not always possible and the terms…
Air Great Lakes Pty Ltd. v. KS Easter (Holdings) Pty Ltd., 2 NSWLR 309 (Supreme Court of New South Wales 1989).
American Law Institute. (1981). Restatement (Second) of Contracts. Philadelphia: American Law Institute.
Balfour v. Balfour, 2 KB 571 (English Court of Appeal 1919).
Biotechnology Australia Pty Ltd. v. Pace, 15 NSWLR 130 (New South Wales Court of Appeal 1988).
Two of the necessary conditions for the formation of a contract are offer and acceptance. Over the years, courts have faced a number of questions as to what, specifically, constitutes offer and acceptance. Issues relate to wording, timing and medium, among others. The advent of electronic communications, and its constant evolution, has opened the door to more grey areas that ultimately need to be resolved with respect to what constitutes offer and acceptance. A number of issues spring to mind -- is a text message sufficient to be deemed "in writing," is the shorthand in which many electronic communications are written valid for the formation of a legal contract, and what about electronic forms, which are essentially a one-way form of a communication? This paper will examine the case law that surrounds the evolving field of electronic communication, and how case law has dealt with modern methods of communication.
Government Contracting class.
GAO case study: Contract dispute
One of the most recent government debacles of 2013-2014 was that of the healthcare.gov crisis. Healthcare.gov, the Internet exchange on which people could buy healthcare plans on the open market, was largely inoperable for the first months of its existence. The fact that the website was effectively the result of a failed government contract is often forgotten, due to the focus on the policy debate swirling around the requirement that all American citizens are ensured. There was later an investigation into the contract between the government and the firm (CMS) charged with designing the website. "To be expedient, CMS issued task orders to develop the federally facilitated marketplace (FFM) and federal data services hub (data hub) systems when key technical requirements were unknown, including the number and composition of states to be supported and, importantly, the number of potential enrollees. CMS used…
Ineffective planning and oversight practices underscore the need for improved contract
Management (2014). GAO-14-694. Retrieved from:
Contracts, Contract Law, And Society
Contracts are legally-binding agreements between two or more self-regulating parties for the purpose of furthering their commercial goals (Eisenberg, 1994). The elements of contracts, together with the laws that provide protections for the parties involved, are theoretically straightforward and appeal to common sense principles, but in practice the forging of contracts and their enforcement can at times be complex. The theories and principles that underlie contract law also remain somewhat controversial and refractory to unequivocal definitions (Schwartz & Scott, 2003). To gain a better understanding of why contracts are so important to society this essay will review the essential element of contracts and the theories supporting their use, from a social, economic, and legal perspective.
Elements of a Contract
The four basic elements of a contract are: (1) mutual assent, (2) consideration, (3) capacity, and (4) legality (Legal Information Institute, 2010). Mutual assent…
Contractors State License Board. (2012). What should I look for in a contract and binding agreements? California Department of Consumer Affairs. Retrieved from: http://www.cslb.ca.gov/consumers/hireacontractor/contractsandbindingagreements.asp .
Eisenberg, M.A. (1994). Expression rules in contract law and problems of offer and acceptance. California Law Review, 82(5), 1127-1180.
"Legal Elements of a Contract." (n.d.). Kansas State University. Retrieved from http://www.hfrr.k-state.edu/doc3109.ashx .
Legal Information Institute. (2002). U.C.C. -- Article 2 -- Sales (2002). Retrieved from: http://www.law.cornell.edu/ucc/2 .
For most of us living in Western societies contracts pervade most of our waking hours, yet how often do we really think about the countless transactions that we engage in every day? Buying a cappuccino at the corner Starbucks, streaming a video on Netflix, or coming home to a mortgaged house can involve countless contracts, both unstated and written. In fact, our ability to stream videos over the internet in our own home probably involves layers upon layers of contracts. Given the importance of contracts in our everyday lives, it should come as no surprise that volumes of statutes have been crafted at both the state and federal levels which attempt to define the legal parameters of exchange relationships. Contrary to expectations, however, some controversy remains due to opaque or contradictory judicial rulings (Chirelstein, 2010, p. 1). This report will examine the basic elements of contracts, the laws…
Arkansas Department of Health & Human Services v. Alhborn, 547 U.S. ____ (2006).
AT&T Mobility v. Concepcion, 563 U.S. ____ (2011).
Chirelstein, M.A. (2010). Concepts and Case Analysis in the Law of Contracts (5th ed.). New York, NY: Foundation Press.
Epstein, D.G., Markell, B.A., & Ponoroff, L. (2012). A Short & Happy Guide to Contracts. St. Paul, MN: Thomson Reuters.
Analyzing a Construction Contract
The contract chosen for analysis in this study is a construction contract. This contract would be used for example in the construction of an office building. The parties involved in this contract are John Smith, contractor, and Tom rown, owner. This contract is being used for the construction of an office building for Tom rown.
Laws Governing the Contract
The laws that govern this contract are those of the State of Alabama. The contractor agrees to furnish all labor and materials needed to construct the office building for Tom rown and furthermore, the owner, Tom rown, states that the properly is free from debts, liens, and other encumbrances.
In Section Two, the contractor agrees to construct the office building so that it conforms to the plans and specifications, breakdown, and binder receipt that has been signed by both the owner and contractor. The contract…
Business Contract Form (2012) Free Legal Forms. Retrieved from: http://www.yourfreelegalforms.com/item_601/Construction-Contract.html
Mallor, J.P., Barnes, A.J., Bowers, T., & Langvardt, A.W. (2007). Business law: The ethical, global, and e-commerce environment (13th ed.). Chicago, IL: McGraw-Hill.
Contract law exists to ensure that agreements between two or more parties are honored by every party. In this regard, contract law is based on the principle that agreements between two parties are legally enforceable since every part needs to honor his/her part of the deal. Despite the constant changes in contract laws because of the uniqueness of contractual situations, there are some basic elements that must exist for a contract to be established between the parties. The existence of these elements is usually used as the premise for addressing contractual issues that may arise between the parties during execution of the terms of the agreement. The use of these elements help in determining the existence of a valid contract, especially when issues emerge during the fulfillment of each party's obligations or when one party denies the existence of a contract with another.
One of the situations in this scenario…
FindLaw. (n.d.). What Contracts are Required to be in Writing? Retrieved February 28, 2017, from http://smallbusiness.findlaw.com/business-contracts-forms/what-contracts-are-required-to-be-in-writing.html
Walston-Dunham, B. (2012). Introduction to Law (6th ed.). New York, NY: Cengage Learning.
A written offer, which remained open for five days, was provided to sell B. Greenacre for $1,000 by A. On the eve of expiry of the offer, B obtained a report from the county recorder of deeds that he (the recorder) had obtained a deed of Greenacre from A to C. executed on that day. Following assumptions that the recorder was probably wrong, B notified A of acceptance of the written offer on the fifth day. While the information provided by the recorder was found to be erroneous, A denied the existence of a contract between him and B. This scenario has generated several concerns on whether A was right, especially if the report was reliable. Additionally, there are questions on whether the report may have been reliable despite being erroneous.
The above scenario is an example of a contract law issue and specifically deals with the issue…
Eisenberg, M.A. (2004, January 1). The Revocation of Offers. Wisconsin Law Review, 271-308. Retrieved from Berkeley Law Scholarship Repository website: http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1426&context=facpubs
Laurence, B. (n.d.). Contracts and Contract Law: Legal Contracts. Retrieved February 14, 2017, from http://www.nolo.com/legal-encyclopedia/contracts-101-make-legally-valid-30247-2.html
Federal Contracting: enefits and Drawbacks of Cost Reimbursement Contracts
The objective of this study is to examine the pros and cons of cost-reimbursement contracts from the view of the federal contractor and to discuss which elements of cost-reimbursement contracts tend to produce the biggest troubles for contractors and explain why.
Cost-Reimbursement Compared to Fixed-Price Contract
Cost-reimbursement or cost-plus is reported as a contract "where a contractor is paid for all of its allowed expenses to a set limit plus additional payment to allow for a profit." (GovWin, 2010, p.1) Cost-reimbursement contracts can be contrasted with fixed-price contracts, which are reported to be such that the contractors "are paid a negotiated amount regardless of incurred expenses." (GovWin, 2010, p.1) Fixed-price contracts make provision of payment of the allowable costs that are incurred in performance of a contract "to the extent prescribed in the contract." (GovWin, 2010, p.1)
In the fixed-price contracts,…
Cost-Reimbursement Contracts (2011) GovWin.com. 18 Oct 2010. Retrieved from: http://govwin.com/knowledge/cost-reimbursement
Philpott, D. And Cook, SP (2010) Managing Cost Reimbursable Contracts. Government Training, Inc. Retrieved from: http://governmenttraininginc.com/pdfs/Cost-Reimbursable-TOC-Excerpt.pdf
Title 48: Federal Acquisition Regulations System. Part 1516 -- Types of Contracts. Subpart 1516.3 -- Cost-Reimbursement Contracts. (2012) e-CFR Data 7 Sept 2012. Retrieved from: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&rgn=div6&view=text&node=48:126.96.36.199.13.1&idno=48
There are several kinds of contracts that are commonly used at the federal level, including fixed-price and cost-reimbursement contracts. In order to understand them more clearly, and in order to compare them with other contracts, it is important to discuss them thoroughly. Fixed-price contracts are exactly what their name implies. They are set up based on a fixed and agreed-upon price, and that price cannot be changed (Barnett, 2003). There are both benefits and drawbacks from the perspective of the contractor when it comes to this type of contract. The most significant benefit is that the contractor knows how much he or she will be paid when the job is completed. The drawback, of course, is that there is the possibility that the job will cost much more than the contractor anticipated. With that being the case, the contractor may find that he or she is not getting…
Barnett, R.E. (2003). Contracts. New York, NY: Aspen Publishers
McKendrick, E. (2005). Contract law - Text, cases and materials. New York, NY: Oxford University Press
Stanberry, S.A. (2008). Federal contracting made easy (3rd ed.). New York, NY: Management Concepts
Federal Contracting Activities and Contract Types-
Dell Inc. was founded by Michael Dell who ventured into business as a freshman at the University of Texas in Austin. He realized that the branded models of computers were expensive and not many could afford them. He ventured into the business of buying the computer parts which he assembled in clones of IBM computers and sold to the consumers directly through the mail. The computer market was already dominated by the big players in the market but against the odds Dell faced competition and emerged the best brand sold through the direct-mail market. Customers recognized the brand through his aggressive marketing and the quality of his computer products that earned him a bigger market share compared to the other little known companies. It became incorporated in 1984 where it has been the world's leading seller of computer systems.
Dell offers a…
Advameg, (2012).Dell Inc.-Company Profile, Information, Business Description, History,
Background Information on Dell inc. Retrieved June 8, 2012 from http://www.referenceforbusiness.com/history2/68/Dell-Inc.html
Nick Wakeman, (2010). Dell Wins $120 Million outsourcing pact with DHS. Retrieved June 8,
2012 from http://washingtontechnology.com/articles/2010/04/14/dell-citizenship-contract-win.aspx
Federal Contracts Awarded to Boeing Company:
Boeing Company is the largest aerospace company across the globe and the leading manufacturer of commercial defense and jetliners, space and security systems. In addition to being a top exporter in America, the Boeing Company supports airlines and the United States and allied customers in 150 nations worldwide. The company's position in the aerospace industry originates from its long tradition of aerospace innovation and leadership. Boeing continues to expand its product line and services in order to meet the emerging needs of its customers. Boeing's broad range of capabilities include developing new and more efficient members of its commercial airline family, developing advanced technology solutions, integrating military platforms, and organizing innovative customer-financing options.
History of Boeing Company:
Boeing Company has a history that stretches back to 1916 when the United States timber merchant, William E. Boeing, founded the aero products firm after he and…
"About Us." (2012, January). Boeing Company. Retrieved September 6, 2012, from http://www.boeing.com/companyoffices/aboutus/brief.html
Capaccio, T. (2011, June 24). Boeing Projected to Face $300 Million Overrun on Tanker
Contract. Retrieved September 6, 2012, from http://seattletimes.com/html/businesstechnology/2015420023_tanker25.html
Dimascio, J. (2011, February 24). Boeing Gets $35 Billion Air Force Tanker Contract. Retrieved September 6, 2012, from http://www.politico.com/news/stories/0211/50145.html
Default Dispute Termination of Contract
Default and Dispute (contract law)
In government contracting, the government through a contracting officer who is the government agent enters into a legally binding agreement with a contractor. This contractor is a seller who is to deliver services and the government as the buyer pays for these services as agreed upon in the contract. However, situations arise where the agreements may be terminated in order to settle disputes that arise between the contracting agents and the contractor. Normally, the government may terminate the contract for default of the contractor or by convenience (Kathuria, 2009). Federal Acquisition egulations define termination for convenience as the exercise of the government's right to terminate a contract when it is in the government's interest
Termination for default
The government has a right to terminate a contract on a situation where the contractor does not meet the set contractual obligations (umbaugh,…
Kathuria, S. (2009). best practices for compliance with the new government contractor compliance and ethics rules under the federal acquisition regulation. Public Contract Law Journal.
Loulakis, M.C. (2003). Default Must Be Proven to Justify Termination. Civil Engineering (08857024), 73 (3), 96.
Nemet, G.F. (2010). Cost containment in climate policy and incentives for technology development. Climatic Change, 103 (3/4), 423-443. doi: 10.1007/s10584-009-9779-8
Robert, F. (2004). Construction law handbook. Gaithersburg [MD: Aspen Law & Business.
Federal contacts play a very large and important role in the economic sectors of our society. Knowledge about these contracts can assist students in learning about the processes that occupy most of the nation's economic resources. Military spending provides the bulk of all federal government spending and most of this money is processed through contracts.
The purpose of this essay is to examine General Dynamics Corporation and give an account of a recent contract they were awarded. This essay will also investigate the type of contract of this discussion and explain some specific qualities of that particular type of contract.
The essay will also discuss some of the costs of this contract, both direct and indirect, to help contextualize the contract from the contractors point-of-view.
General Dynamics is one of largest government contractors operating in today's business world. According to their website their corporate overview statement…
The Associated Press (2011). General Dynamics lands $286 million Army contract to produce Hydra-70 rockets in Arkansas. AP 27 June 2011. Retrieved from http://www.al.com/42/index.ssf/2011/06/general_dynamics_lands_286_mil.html
"Camden Operations." General Dynamic Fat Sheet. Approved for 2012. Retrieved from http://www.gdatp.com/factsheets/F007_Camden%20Operations.pdf
General Dynamics Press Release." General Dynamics Awarded $224 Million by U.S. Army for Hydra-70 Rocket Program. " 27 Feb 2013. Retrieved from http://www.generaldynamics.com/news/press - releases/detail.cfm?customel_dataPageID_1811=18338
General Dynamics. Corporate Overview. Viewed 12 Mar 2013. Retrieved from http://www.generaldynamics.com/about/corporate-overview/
Financial Contracting for New Venture:
Investments in a new venture usually involve financial contracts between the entrepreneur and external investors. These external investors include venture capitalists, angel financiers, banks, private financing companies, and credits unions among others. Notably, financial contracts can have positive and negative effects on the new venture. For instance, an angel financier can add a clause on the financial contract that will not permit the entrepreneur to borrow more funds without permission from the lender. While this is likely to occur when the lending institution has a mortgage or lean on the venture's property, the clause is usually added to lessen foreclosure risk. As an individual seeking to venture in a clothing business for the Mixed Martial Arts customers to provide shirts, hoodies/fleeces, and hats, it is important to choose the most appropriate type of financial contracting with the external investor. This process of selecting the most…
Anderson, C. (2013, January 25). 8 Things You Need to Know About Starting A Fashion
Business. The Huffington Post. Retrieved January 10, 2014, from http://www.huffingtonpost.com/2013/01/24/starting-a-fashion-business_n_2534518.html
de Bettignies, J. (2008, January). Financing the Entrepreneurial Venture. Management Science,
54(1), 151-166. Retrieved January 10, 2014, from http://web.business.queensu.ca/faculty/jdebettignies/docs/EntrepFinPrintedVersion.pdf
Elements of a Contract
The Contract: Overview
Fabulous Hotel has engaged my services as an employee (my position being that if head chef) under an employment contract that spans two years. Two years down the line, another hotel could be interested in my services. The problem is; the employment contract cited above has a paragraph that reads as follows:
"The below-signed agrees not to work as a chef for another hotel in the same metropolitan area for a period of two years after leaving our employ."
Of key importance in this case is whether the said contract is enforceable. What are the elements that this particular contract must meet for it to be enforceable? Are there any circumstances where this agreement would be unenforceable? These are some of the issues that will be addressed in the subsequent sections of this text.
Elements of a Valid Contract: Discussion in elation…
Miller, R. (2011). Modern Principles of Business Law: Contracts, the UCC, and Business Organizations. Mason, OH: Cengage Learning.
Miller, R. & Jentz, G. (2007). Business Law Today: The Essentials (8th ed.). Mason, OH: Cengage Learning.
Seaquist, G. (2012). Business Law for Managers. San Diego, CA: Bridgepoint Education, Inc.
Twomey, D. & Jennings, M. (2013). Business Law and the Legal Environment (22nd ed.). Mason, OH: Cengage Learning.
Specialized labor is needed to produce a specialized product for the military. As such the cost of attracting and utilizing such talent can be very expensive to IBM.
IBM's indirect costs would consist of three aspects pertaining mainly to time, fraud and unexpected occurrences. The first indirect cost of time creates large expenses with IBM. The larger each individual employee takes to complete his task, the more expensive the services rendered by IBM become. This is because the contract has a set time frame. If the time frame for the contract is exceeded, IBM will incur a bulk to the expenses related to such inefficiencies. This could potentially reduce the overall return of the project. Fraud can also occur as employees could utilize technology or knowledge of the data centers to use for their own personal use. This could include selling the information to foreign entities or IBM's direct competitors.…
1) Conway Lloyd Morgan and Chris Foges. (2004). Logos, Letterheads & Business Cards: Design for Profit. Rotovision. p. 15. ISBN 2-88046-750-0. http://books.google.com/?id=5zAW7RntiD8C&pg=PA15&lpg=PA15&dq=big+blue+ibm.
2) E. Garrison Walters. (2001). The Essential Guide to Computing: The Story of Information Technology. Publisher: Prentice Hall PTR. p. 55. ISBN 0-13-019469-7. http://books.google.com/?id=AwrQsOW5SsQC&pg=PA55&lpg=PA55&dq=big+blue+ibm .
3) Emerson W. Pugh (1996). Building IBM: Shaping an Industry. MIT Press.
4) "History of IBM." IBM Archives:. IBM, n.d. Web. 08 June 2012. .
From the point of the peaches' arrival, Grocery, Inc. is responsible for the damage that might ensue. If the peaches spoiled the day after arriving, for example, Grocery, Inc. would be responsibile, not Organic Farms. Although there was a three-day delay, according to the stated scenario, there was not a specific, pre-designated day that the produce was supposed to arrive at the gates of Grocery, Inc.
However, if the peaches spoiled on their way to the facilitates, as they clearly did, then it is Organic Farms that is responsible according to the terms FOB, as the shipper is responsible for any damage that might ensue during the time of shipment, and also because Organic Farms selected the transportation company.
F.O.B." (2006). ikipedia. Retrieved 22 Sept 2006 at http://en.wikipedia.org/wiki/Free_On_Board
F.O.B" (2006). Glossary of Shipping Terms. Retrieved 22 Sept 2006 at http://www.marad.dot.gov/Publications/glossary/T.html
F.O.B." (2006). Wikipedia. Retrieved 22 Sept 2006 at http://en.wikipedia.org/wiki/Free_On_Board
F.O.B" (2006). Glossary of Shipping Terms. Retrieved 22 Sept 2006 at http://www.marad.dot.gov/Publications/glossary/T.html
OVISIONS (FA) AND CONTACT
EGULATOY POVISIONS (FA) AND CONTACT PEFOMANCE
A contract involves a deal that is signed between two or more parties and which is bound to certain terms and conditions that must be met by the parties involved. W3hen talking of contract performance, one seeks to examine whether in the real sense, the parties which were involved in the contract acted in under the guidance of the contract terms. Has the deal been successfully achieved to give out the required results? This is the core of evaluating contract performance. Its main aim is to identify every party's response to the terms that bound the contract. It involves a bargain before signing of the contract under the discretion of its bound terms, which the parties must read and understand. For the contract to be closed, the parties involved must live fulfill the terms stipulated by the…
Buckley, F. (A theory of contract). Just Exchange:A theory of contract. London: Routledge.
Fried, C., (1981). Contract as qa Promise. A theory of Contractual obligation, 4-6, 74-85, 103-11.
W.D., S., (1996). Binding Promises: otThe late 20th century Reformation. Princeton: Princeton University Press.
Carter J.W., (1993). Party Autonomy and Statutory Regulation; Sale of Goods. Journal of Contract Law 6, 1993; 93-122
Contracting: A new type of contract
Many standard contracting agreements between the military and other entities have been subject to increased scrutiny and criticism, because of concerns about government over-spending and a lack of fiscal oversight. "Noncompetitive contracting, cost-reimbursement contracts, and time-and-materials and labor-hour (T&M/LH) contracts pose special risks of overspending. Non-competitive contracts present a risk because there is not a direct market mechanism for setting the contract price. Cost-reimbursement contracts and T&M/LH contracts pose a risk because they provide no direct incentive to the contractor for cost control" (Orszag 2009:2). With noncompetitive contracts, when the contract is guaranteed, there is little pressure to consistently offer a product or service at a competitive market price. With cost-reimbursement, all input materials costs are compensated, regardless of the ultimate budget of the project, in contrast to fixed costs projects, where the contractor is paid a fixed amount beforehand, regardless of…
Orszag, Peter. (2009). Memorandum for the heads of departments and other agencies.
The White House. Retrieved:
Independent dealers must sign a contract that sets forth the manner in which they will operate their rental centers. Often a small business owner will supplement their income be adding U-Hauls to their market mix. Independent contractors earn a commission on their sales.
Each division of AMERCO has it own president. All of them must report to a Board of Directors. The Chairman of the Board and overall President is Edward Shoen, descendent of the original founders of the company. Many members of the Shoen family still control much of the company (Google Finance). Little information is available about the company, aside from their financial statements. Although they have a Board of Directors, the company continues to operate as a family-style operation, with the family members occupying many positions in upper management. The company structure is simple and little is available beyond basic information.
Purchasing Contract Analysis and the UCC…
Ceh v. UHaul International, Inc., 11th district court of appeals, No. 04-10031.
A www.ca11.uscourts.gov/opinions/ops/200410671.pdf. Accessed January 22.
Company News; U-Haul's Parent Seeks Bankruptcy Protection." June 21, 2003. New
York Times. http://query.nytimes.com/gst/fullpage.html?res=9800EFDF173BF932A15755C0A9659C8B63 . Accessed January 23, 2007.
For instance, Eugene W. Massengale notes that "An attempt must be made to seek the resolution of any suspected mistakes as specifically as possible" (p. 83). This author also reports that if a party to a contract incurs additional costs or expenses as a result of the mistake, they may recover such costs or expenses as part of completing their obligations under such contract (p. 117).
The research showed that contracts are a special type of agreement between two or more parties that is enforceable in court. In order for a contract to be enforceable, though, the three key elements of consideration, capacity, and legality must be satisfied. To meet the legality element of this formula, a contract must be free of misrepresentations; however, mistakes can and are made all of the time in contracts and these can be remedied if all of the parties agree to it. In…
Ayres & Gertner Filling Gaps in Incomplete Contracts, supra note 8, at 97 in Katz, p. 1251.
Beatson, Jack E. And Daniel E. Friedmann (Eds.). 1997. Good Faith and Fault in Contract Law. Oxford: Clarendon Press.
Black's Law Dictionary. 1990. St. Paul, MN: West Publishing Co.
Buckley, F.H. (Ed.). 1999. The Fall and Rise of Freedom of Contract. Durham, NC: Duke University Press.