1.0 INTRODUCTION TO CONTRACT MANAGEMENT A contract is an agreement having a lawful object entered into voluntarily by two or more parties‚ each of whom intends to create one or more legal obligations between or among them. The elements of a contract are "offer" and "acceptance" by "competent persons" having legal capacity who exchanges "consideration" to create "mutuality of obligation. i.e. 1. Offer and Acceptance 2. Competent Persons 3. Consideration 4. Mutual Obligation 5. Lawful
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Jamal Hamilton 3/4/13 Explanatory Essay Explanatory Essay #5 In the Social Contract‚ Rousseau describes some rules of administration in the civil order in which I feel Rousseau distributes some solid effective prescription on how to deal with the emergence and prevalence of social disorder that he laid out in the Discourse. The main point from the Discourse that’s in the Social Contract which are Man is born free‚ and everywhere he is in chains. the Sovereign‚ having no force other than the legislative
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KINDS OF DEFECTIVE CONTRACTS 1. Recessible Contracts 2. Voidable Contracts 3. Unenforceable Contracts 4. Void or Inexistent Contracts Rescissible (Article 1380-1389) Voidable (Article 1390-1402) Unenforceable (Article 1403-1408) Void ( Article 1409 -1422) ALL essential requisites of a contract exist. All the essential requisites of a contract exist All essential requisites exist but unenforceable due All or some of the essential requisites to non-compliance with statutory requirements
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Rousseau’s The Social Contract Jean-Jacques Rousseau’s The Social Contract‚ or Principles of Political Right (1762) is an analysis of the contractual relationships which may be necessary for legitimate government‚ and is an explanation of how these relationships may combine principles of justice and utility. Rousseau argues that civil society is based on a contractual arrangement of rights and duties which applies equally to all people‚ whereby natural liberty is exchanged for civil liberty‚ and
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Joseph Egan English 1010-09 Elliot The Profile of a Contract Killer When taking a dive into the taboos of society a great number of things come to mind‚ everything from prostitution to drug rings‚ but both these and many of their counterparts are connected to one common thing‚ that thing is organized crime. Organized crime is any criminal operation or illegal activity that operates within a system outside the law. That being said it’s obviously a dangerous business; one that must be run with
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Option B a) Late Interim Payments by Employer The various contractual provisions in relation to the late interim payments by the Employer will be addressed with the use of the JCT Standard Building Contract With Quantities 2005 Edition (JCT SBC05) Revision 2 2009. According to Clause 4.13.1 of the (JCT SBC05) Rev 2 2009‚ the Employer is obliged to pay the amount due as stated in the Interim Certificate within 14 days from the date of issue. According to Clause 4.13.3 & 4.13.4 of the (JCT SBC05)
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THE INDIAN CONTRACT ACT‚ 1872 ACT No. 9 OF 1872 1* [25th April‚ 1872.] Preamble.WHEREAS it is expedient to define and amend certain parts of the law relating to contracts ; It is hereby enacted as follows - PRELIMINARY 1. Short title. 1.Short title.-This Act may be called the Indian Contract Act‚1872. Extent‚ Commencements.-It extends to the whole of India 2*[except the State of Jammu and Kashmir]; and it shall come into force on the first day of September‚ 1872. 3* Nothing herein contained
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Facts:035578 Wally owns Windy City Watches in Chicago‚ Illinois. He needs to buy knockoff Rolexes from a wholesaler‚ Randy‚ in Milwaukee‚ Wisconsin. Wally and Randy discuss terms via telephone and agree Wally will purchase 100 watches for $25.00 a piece for a total of $2‚500. Randy agrees to send an order form for the purchase and ship when the signed form is returned from Wally. Wally signed and returned the order form agreeing to purchase the goods. A week later Wally receives 50 watches
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4.2 Pre-contract Stage Contractor’s Tendering Procedure • Agreement to tender • Decision to tender • Examination of tender documents • Estimating process timetable • Enquires of quotations • Method statement and tender programme • Site visit • Outstanding information resolved with consultants • Pricing process • Adjudication • Submission of tender *In pricing process: • All-in-rates for trade items or BQ • Domestic sub-contractors and suppliers • Nominated sub-contractors and
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WEEK 3 – THE FORMATION OF CONTRACTS Apply Your Knowledge (EXERCISE 4 – CONTRACT OR NOT?) Review the essential elements of a valid and enforceable contract and decide whether a valid‚ void or voidable contract has been formed in each of the following situations. Provide a legal explanation for your decision. 1. Last year‚ Smith‚ the owner of a retail business‚ in an attempt to reduce employee absenteeism due to illness‚ offered to give any employee who quit smoking for a year a $500
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