Rule : : Contract formation requires mutual assent (offer and acceptance), consideration, and no viable defenses to contract formation.
Bernie a resident of Richmond, Virginia decides to sale his 2006 Ford Fusion for $13,000.00 and places an ad in his local newspaper on February 1st. After several weeks without any inquiries, Vivian contacts Bernie on March 1st stating she will pay him $12,000.00 for the car. Bernie arranges to meet with Vivian on March 5th to complete the deal. Vivian comes to Bernie’s house on March 10th and says she will give Bernie $12,500.00 for the car; but she needs three additional weeks to come up with the money. Bernie agrees but only if Vivian puts down a deposit. Vivian agrees and Bernie drafts an agreement stated the sale will must take place no later than March 31st. Vivian reads and signs the agreement and
Learning contracts are being used in post-secondary education. Adults approach learning as problem solving and in theory by implementing learning contracts, the student becomes more involved in
In order for a contract to be formed, there are various requirements. These are offer, acceptance, consideration, and the intention to create legal relations. A contract may also be terminated.
Pat was very frustrated because she wanted to purchase a home but lacked the funds or credit to do so even though Pat was expecting shortly to receive a one-half million dollar final installment payment for some land she sold several years earlier. Dan knew that Pat was very interested in purchasing a home and approached Pat with a proposal to assist Pat in buying a home. Dan told Pat that he would help Pat with the financing. After finding the home she wanted to buy for $250,000, Dan and Pat orally agreed that Dan would purchase the home and "when you come up with the money, I (Dan) will sell it to you (Pat) for $250,000 plus a fair commission to be determined."
In this paper I will discuss the various aspects of a Federal Contract Specialist position and what makes it different from many other government jobs. Some people think contracting is just shopping for a living, however, it requires great skill and attention to detail. Contract Specialists must be able to communicate effectively with their customers, vendors and other contracting personnel and they must be able to accurately interpret regulations and apply them appropriately. This position is a little bit customer service representative, a little bit personal shopper and a whole lot of legal assistant.
Enforceable contract Peter v. Don. Peter will have an enforceable contract with Don if he can show that all the required elements of a contract are present. If there is a contract between the two then it will be governed by the common law requirements of an enforceable contract instead of the Uniformed Commercial Code, which would be used if their agreement had involved the sale of goods. In order for a contract to be formed between Peter and Don the two must react mutual consent Mutual consent can generally be formed through the form of an (A) offer and (B) acceptance. An additional requirement for both parties to show (C) consideration is also
Wally, business owner of Windy City Watches is located in downtown Chicago, IL. Business is booming and Wally needs to buy a large quantity of Rolek watches which sell for $50 apiece. He calls Randy Rolek, the wholesaler located in Milwaukee WI. They discuss terms on the phone for a while before coming to an agreement in which Wally offers to buy 100 watches for $25 each. Randy sends over an order form in which Wally states that he is agreeing to purchase watches from Randy for $25 each, but does not include the quantity in which he will buy. Randy sends 50 watches the following week with a note included stating that he has sent 50 watches and will send the other remaining 50 watches within a few days but includes the bill for the full
As the Director of Long Island and Cypress Hills National Cemeteries, I prepare, justify, and administer a combined operating of $9,259,500.00. Planning and evaluating contracting and procurements can be difficult if not coordinated and monitored correctly. LINC is currently under a large renovation period there are 12 multi-year contracts being managed valued at over $25 million. I oversee three National Shrine Concrete Beam System contracts. The first at Cypress Hills National Cemetery valued at $6,324,083.66, a second contract at Long Island National Cemetery valued at $3,686,856.50 and a third valued at $3,382,940. In addition to these Raise and Realign Millennium contracts valued at $13.3 million, I manage several internal maintenance contracts. The grave repair and fine-tune alignment contracts valued at $715,700.00. LINC’s mowing contract valued at $810,152.00, a mowing contract at Cypress Hills valued at $1,001,355.60, Headstone Setting and cleaning contract valued at $339,815.00, and a trimming contract for Cypress Hills and Long Island valued at $35,661.00. I maintain oversight and manage these contracts through my staff; I have five staff members that are Contracting Officer Representatives (COR). Though they are managing each contract, I conduct contract review and inspections on a weekly basis. To accomplish this I require each COR to complete and forward to me a weekly observation sheet. This sheet tracks all actions related to each contract on a weekly basis to ensure any errors by the contractors are documents and retained. I personally manage two of the larger contracts to provide my employees with a positive example of how to manage contracts. Managing a large number of contracts has provided me with the
Then set attainable schedules, as schedules like “pretty on paper” and are nowhere near reality. Thorough time and cost supervision improves trustworthiness. Per chance implement a specific team to monitor the schedule and budget standards. Then impress upon the team to alert me on any important issues before the next project meeting. Then, I believe that an external body should examine the work being done by the contractors to find any defects. Yes, this project was funded by federal and state money and I am sure that there were engineers and architects monitoring the quality of the work being done. However, from experience, so many short-cuts are used by contractors to save time and money. Furthermore, many inspectors truly do not pay attention to everything. So with this, I believe that fines and penalties should be assessed to the contractors if imperfections are found in the future that are related to craftsmanship. Additionally, fines must be related to the contractor’s inability to meet time lines. However, if the contractor can supply valid issues related to their inability to deliver, fines will not be
Synergy should be encouraged between the two departments, as they are working towards the same corporate goal. In order to update Dynamic’s supply management policy, the company should start to standardize their processes. For the newly awarded contract, we should standardize the process of finding a supplier and standardize testing used for supplier evaluation. By putting all suppliers against the same standards, you should be able to determine which supplier can achieve all your requirements. The supplier should be able to produce a product that meets our company’s standards. In the end, after improving these processes, we should award a long-term contract to whoever we determine to be the best supplier because it is a brand new contract. The longevity of the contract should be determined by the supplier’s performance. There are several benefits to standardizing our processes, such as uniform quality, reduced transaction and purchase costs, and improved inventory management. All these reductions and improvements can be redistributed through the company, enabling us to continually improve. This testing had been done for all suppliers, but the Engineering department decided to solely consider Advanced Wires only, which goes against strategic management policies.
Lillard, Monique C., Fifty Jurisdictions in Search of a Standard: The Covenant of Good Faith and Fair Dealing in the Employment Context, 57 Mo. L. Rev. (1992)
In construction projects, mostly the firms (in this case the firms become client) do not have the skills or develop skills inside the firms to undertake the projects due to amount of the projects should be conducted or the complexity of the projects (Reve and Levitt, 1984). Therefore, the economic decision to conduct the projects is to procure them to third parties. However, more commonly the client agonize the final quality of the projects will meet standard requirements. Thus, impacts to involvement of complex contracts of construction procurement.
This essay will examine how to best prepare a contract administration plan. The contract administration plan will examine different methods used in preparing a plan. This essay will explain how important it is to have technical and other support of personnel, the importance of surveillance, and to determine what functions need to be delegated, identify qualified personnel as well as authorized, it is necessary for the Contracting officer to be represented in administering contract requirements. Also there will be a discussion on what is determined
Contract Law Case Study Both the parties in the question have come to a problematic situation