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Overview: Contracting and Procurement Regulation and Contracting
Overview: Contracting and Procurement Regulation and Contracting

... Contract Law/Tendering Law Trade Agreements (AIT) ...
Southern Tank Equipment Co. v. Zartic, Inc. (1996) p. 339
Southern Tank Equipment Co. v. Zartic, Inc. (1996) p. 339

... UCC Section 2-601 deals with seller’s delivery conforming to terms of agreement. If the goods fail to conform to the contract, the buyer may: Reject the whole; Accept the whole, or Accept any commercial unit or units and reject the rest Tender of Delivery  Valid and sufficient offer of performance ...
Implied Duty of Good Faith
Implied Duty of Good Faith

... Court appeared to accept that a duty of good faith could be implied into some contracts. However, his Honour was reluctant to conclude that this duty should be implied as a matter of law, so as to apply to all rights and powers conferred by a commercial contract. On the other hand, in the recent cas ...
LAW
LAW

... and agree which bidder will have the lowest bid for the job  Resale price maintenance: may not contract with a retailer to set the price for the product  Allocation of markets: competitors dividing a market between themselves. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights R ...
Legal: Why Your Contract Should Contain an Indemnification Clause
Legal: Why Your Contract Should Contain an Indemnification Clause

... subcontractor does, if the subcontract contains an indemnity clause in which the sub agrees to indemnify the contractor. In that case the contractor makes a tender to the sub, and the sub is obligated to handle the lawsuit on behalf of both and pay all damages and attorney fees. Here’s an example of ...
to see the FTA Grant Clauses for Purchases under $25000.
to see the FTA Grant Clauses for Purchases under $25000.

... demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Energy Conservation Requirements: The Contractor agrees to comply with all of the mandatory standards and policie ...
Decent Crowdwork Legal Strategies towards fair employment
Decent Crowdwork Legal Strategies towards fair employment

... C. Contractual aspects of crowdwork The prevailing opinion especially put forward by the terms & conditions of the crowdworking platforms as well as by the crowdsourcers considers (external) crowdworkers to be self employed meaning that especially minimum wages and other regulations of working cond ...
Normal - Saflii
Normal - Saflii

... Irrespective thereof, in view of the fact that I wanted to avoid any further acrimony with the Applicant and to continue with Contract Interiors as a going concern, retain its key staff, clients and goodwill, I did approach the Applicant, following which [the second settlement agreement] was conclud ...
History of the University of Michigan Professional Nurse
History of the University of Michigan Professional Nurse

... The strike of 1981 was one of the more defining actions in the history of the Nurse Council. The members had won recognition, negotiated two Agreements, but the possibility of withholding their labor was the most difficult decision the Nurse Council had yet to contemplate. Some of the members were s ...
United States v. First National Bank of Chicago
United States v. First National Bank of Chicago

... 13. The first significant formulation and application of the effects doctrine occurred in United States v. Aluminum Co. of Am., 148 F.2d 416 (2d Cir. 1945), in which the Sherman Act was held applicable to agreements between subsidiaries of Alcoa and other foreign producers of aluminum. The doctrine, ...
ASBO Agendas, Minutes, Conflict of Interest
ASBO Agendas, Minutes, Conflict of Interest

... appointed officer of a school district to be interested, either by himself or agent, in any contract entered into by the school district, either for labor or services, or for the purchase of commodities, materials, supplies, or equipment of any kind, which is paid from public funds, or in the purcha ...
February - New York State Board of Law Examiners
February - New York State Board of Law Examiners

... within a week, Feet Co. is liable for the loss of the shoes and Sam can recover the value of the shoes as damages. Sam will not be able to recover the shipping costs because they were nonconforming goods. Furthermore, if the shoes had not been damaged because of Ana's negligence, Ana would be entitl ...
I - Free Law School Outlines Professor Subject
I - Free Law School Outlines Professor Subject

... Note: dying doesn’t impact enforceability of K Note: A K made by a minor is voidable, but not void. One-sided rule: only the person against whom enforcement is sought must be of legal age. RSC §71 Requirement of Exchange, p 209: Consideration is a performance or a return promise that is bargained fo ...
A new, slimmed version of Lloyd`s Standard Form
A new, slimmed version of Lloyd`s Standard Form

... old rule applied it was an advantage to contract a professional salvage tug rather than a non-equipped tug as the salvage tug most probably would have portable equipment readily available which would be paid for when used. With the new rule, the professional salvage tug could be less attractive in s ...
unilateral mistake in the english courts - NUS
unilateral mistake in the english courts - NUS

... failure of an essential condition for its existence; how the objective and subjective approaches for the formation of a contract interlink, and the basis on which a party can be held to contract terms which he did not (subjectively) intend, by reason of his (objective) conduct.7 But the Judge did no ...
“are we there yet?”: is there a contract, and what does it contain?
“are we there yet?”: is there a contract, and what does it contain?

... LJ, having referred to it in Malcolm v The Chancellor, Masters and Scholars of the University of Oxford [1994] EMLR 17, said that there could not be found in this passage the route to a decision on whether there is a contract or not “since it requires the court to assess the contractual efficacy of ...
Units G155 and G156 - Teacher guide - Law of contract
Units G155 and G156 - Teacher guide - Law of contract

... reinforces that theory of ‘freedom of contract’ AO2. It does this because in these kinds of circumstances neither party is actually expecting to enter into anything legally binding and so they should not be made to AO2, as seen in a case a husband who was abroad was sending his ill wife regular sums ...
Do Royalties Become Part of the Bankruptcy Estate? When a person
Do Royalties Become Part of the Bankruptcy Estate? When a person

... Do Royalties Become Part of the Bankruptcy Estate? When a person files for a Chapter 7 bankruptcy, certain types of property/assets are not protected and therefore the trustee can sell the property to pay your creditors. The typical forms of property include excess cash in accounts, tax refunds, add ...
ClassNotesContractsPhillipsFull
ClassNotesContractsPhillipsFull

... Cost of making contract with first company includes not having made contract with other company.  This would be per se reliance in business contracts. Sullivan v. O'Connor, however, is quite far from business transaction context. Might want to grant reliance interest so as to not place too much lia ...
Terrorism and Force Majeure in International Contracts
Terrorism and Force Majeure in International Contracts

... negotiations and disputes. Most international commercial contracts contain at best some loosely drafted clause concerning force majeure. This might have to change, if lawyers wish to provide their clients with adequate certainty about their future rights and obligations. The introduction of terroris ...
Default rules
Default rules

...  Cooter and Ulen: use the rule parties would have wanted, if they had chosen to negotiate over this issue  This will be whatever rule is efficient  Fifth purpose of contract law is to minimize transaction costs of negotiating contracts by supplying efficient default rules ...
BILATERAL CONTRACTS Painting House subject matter of Contract
BILATERAL CONTRACTS Painting House subject matter of Contract

... a. This approached showed the preference for bilateral contracts. b. This meant that the offeror would be bound at an earlier time in the contract formation process. c. This would be so because the beginning of performance by the offeree would imply a promise to complete the performance called or in ...
COST-PLUS
COST-PLUS

... this risk by the parties, and the contractor must be able to determine from the plans and specifications if he can perform the work within the guaranteed maximum cost. Generally speaking, the contractor should expect the “upset price” to be higher than on a fixed-price basis because without a clause ...
Security Benefit Flex Plan Agreement 2015 (00010468
Security Benefit Flex Plan Agreement 2015 (00010468

... deductible health plan benefits coverage option (“HDHP Option”) and/or a health savings account (“HSA”) described in section 223 of the Code. Whether to offer one or more HDHP Options and/or an HSA, or to facilitate employee enrollment and/or payroll deductions with respect to one or more HSA altern ...
intention
intention

... Privity of contract • Only those who made the contract can derive benefits under it • Only parties to the contract can attempt to enforce it by the courts: Jackson v Horizon Holidays [1975] 3 All ER 90 • Where a contract is made for the benefit of a third party that person cannot enforce contract • ...
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Non-compete clause

A non-compete clause (often NCC), or covenant not to compete (CNC), is a term used in contract law under which one party (usually an employee) agrees not to enter into or start a similar profession or trade in competition against another party (usually the employer). Some courts refer to these as ""restrictive covenants."" As a contract provision, a CNC is bound by traditional contract requirements including the consideration doctrine. The use of such clauses is premised on the possibility that upon their termination or resignation, an employee might begin working for a competitor or starting a business, and gain competitive advantage by exploiting confidential information about their former employer's operations or trade secrets, or sensitive information such as customer/client lists, business practices, upcoming products, and marketing plans. However, an over-broad CNC may prevent an employee from working elsewhere at all. English common law originally held any such constraint to be unenforceable under the public policy doctrine. Contemporary case law permits exceptions, but generally will only enforce CNCs to the extent necessary to protect the employer. Most jurisdictions in which such contracts have been examined by the courts have deemed CNCs to be legally binding so long as the clause contains reasonable limitations as to the geographical area and time period in which an employee of a company may not compete.The extent to which non-compete clauses are legally allowed varies per jurisdiction. Some jurisdictions, such as the state of California in the US, invalidate non-compete-clauses for all but equity stakeholders in businesses.
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