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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ethical theories discussed in chapter 2 of Ethics for the information age‚ I would choose Social contract theory. While there is no single framework that I absolutely and wholeheartedly agree with‚ I believe integrating Social Contract theory for making my ethical decision making would yield the best interaction with society. I personally view general society as a united organism‚ and since Social Contract theory has a primary focus on stable and balanced societal attributes‚ universal use of that framework
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As our textbook explains fraud invalidates a contract. “The presence of fraud affects the authenticity of the innocent party’s consent to a contract. When an innocent party is fraudulently induced to enter into a contract‚ the contract usually can be avoided because she or he has not voluntarily consented to the terms. Normally‚ the innocent party can either cancel the contract and be restored to her or his original position or enforce the contract and seek damages for harms resulting from the fraud
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tistisSolution: Exercise 1 1. What is the difference between a long forward position and a short forward position? Ans: When the enters into a long forward contract‚ he/she is agreeing to buy the underlying asset for a certain price at a certain time in future. When the enters into a short forward contract‚ he/she is agreeing to sell the underlying asset for a certain price at a certain time in future. 2. Explain carefully the difference between hedging‚ speculation‚ and arbitrage. Ans:
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ESSENTIAL ELEMENTS OF A VALID CONTRACT: To be enforceable by law an agreement must possess the essential elements of a valid contract as laid down by Sec.10 of Contract Act in the following terms; ‘All agreements are contracts if they are made by the free consent of parties competent to contract‚ for a lawful consideration and with a lawful object‚ and are not hereby expressly declared to be void.’ Following are the conditions for validity of the contract in detail. 1. Offer and Acceptance:
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Contract Creation and Management Simulation William University of Cincinnati Legal Environment of Business Judge Jim P. Ponder July 2‚ 2000 Contract Creation and Management Simulation The simulation begins in the middle of a major dispute between a software-developing company‚ Span Systems‚ and one of its customers‚ Citizen-Schwartz AG (C-S)‚ a large German bank. The two companies are in dispute over the quality and timeliness of deliverables. There have been major bugs found by C-S during
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Contents page Introduction Psychological contract The characteristics of a psychological contract are the mutual beliefs‚ informal obligations‚ perceptions of the employee and employer towards each other; the expectations an employee has of the organisation and the expectations the organisation has of the employee and the reciprocal promises in that relationship. This helps to set out the aims and objectives in the company for the work to be done professionally. The employee has different
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The Law of obligations and contracts is a the body of rules which deals with the nature and sources of obligations and the rights and duties arising from agreements and the particular contracts. Obligation latin word obligation meaning tying or binding; Juridical necessity to give to do or not to do. Requisites of an obligation 1) Passive subject; debtor‚ obligor 2) Active subject; creditor or oblige 3) Object or prestation‚ subject matter of obligation 4) Juridical tie; efficient
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last I am very thankful to my family who gave me moral support to work on this project. TABLE OF CONTENTS Contents Page No. 1. Objective of the study 4 2. Introduction 5 to 6 3. Relevance 7 4. Literature Review 9 to 15 5. Research Methodology 16
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Contracts Cyril made two contracts. The first was to have his house painted one month from the date of the written contract. The second was for his neighbor’s 1957 Ford Thunderbird. Each contract was definite and clear in all respects. As to the house painting‚ Cyril inquired with the painter as to when the work could begin. The painter explained that he was extremely busy and was not sure if he could fulfill the contract. Cyril flew into a rage and immediately hired someone else
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