This paper comprises two essays on contracts in Canadian construction.
Analytical Essay # 140889 |
3,750 words (
approx. 15 pages ) |
4 sources |
MLA |
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Abstract
This is two papers that demonstrate the student's full understanding of contracts in Canadian construction led by the commonly used CCDC-2. The paper provides a discussion of 3 and 4 and their differences and addresses the implications of a formal contract vis-a-vis architect, client, contributors to the project. The second paper shows thematic understanding of project management of which actual construction is one feature, with an emphasis on client relationships, the need for acquired awareness of what happens in the business of architecture, and the need for experience gained in firm settings before attempting private practice.
From the Paper
"This paper refers to standard contracts used in the Canadian construction industry in CCDC-2, CCDC-3 and CCDC-4 by a variety of architects, civil engineers and building contractors. The Canadian Construction Documents Committee (CCDC) is a national joint committee made up of public and private sector participants, the Canadian Bar Association as an ex-officio player, the Association of Canadian Engineering Companies, the Canadian Construction Association, Construction Specifications Canada and the Royal Architectural Institute of Canada. Policies and procedures are set through..."
Tags:contracts, project mgt, canada
An outline of a paper on four types of healthcare contracts.
Term Paper # 127472 |
250 words (
approx. 1 pages ) |
2 sources |
APA | 2008
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$ 10.95
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Abstract
This outline identifies four types of healthcare contracts--teletracking, Workman's Comp, health insurance, and contract physician services--and identifies what they are and when it is necessary to use them, as well as comparing and contrasting Workman's Comp with the others.
Tags:healthcare contract, contract physician, teletracking, Workman's Compensation, health insurance
An overview of different types of contracts used in the health industry including details on the type of contract and implications of the contract.
Research Paper # 118572 |
1,520 words (
approx. 6.1 pages ) |
8 sources |
APA | 2010
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$ 30.95
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This paper discusses the different types of contracts that the health industry uses and the complexity of these contracts. It provides an overview and description of each contract including similarities and differences of each entity and type of contract used. The paper specifically looks at contracts involved in suppliers, unions, managed care and Medicaid. The paper is presented largely in point form.
Table of Contents:
Medicaid
Managed Care
Unions
Suppliers (Equipment)
From the Paper
"The healthcare industry deals with many different contracts on a daily basis just like every other industry however the healthcare industry deals with many different types of contracts and the complexity of the contracts more than any other industry. It is extremely important that every health care organization has the basic understanding and knowledge of what is required in each contract. There are many sources of liability that every healthcare organization needs to ensure they have knowledge on. The liabilities vary from organization to organization and from position to position. The use of contracts in healthcare varies greatly from those contracts with state payers, managed care organizations, employee unions to suppliers."
Tags:union, supplier, equipment, medicaid
An examination of the implications of mistakes and misrepresentations in legal contracts.
Essay # 63374 |
1,524 words (
approx. 6.1 pages ) |
6 sources |
MLA | 2005
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$ 30.95
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Abstract
Generally speaking, a contract is an agreement that is enforceable through the courts. Clearly, in order for all of the parties to any given contract to achieve the desired goals of the agreement, everyone involved must be informed of the circumstances and facts surrounding the agreement. It is important to capture all of the elements required for its execution when crafting the instrument. People - even lawyers - are only human, though, and intentional and unintentional mistakes and misrepresentations are sometimes made in contracts that can have profound implications for all of the parties involved. To gain a better understanding of what these implications might be, this paper provides an overview of contract law, and what the authorities have to say about contracts containing mistakes and misrepresentations. A summary of the research is provided in the conclusion.
Outline
Introduction
Review and Discussion
Background and Overview
Mistakes and Misrepresentations in Contracts
Elements Required for a Contract to be Valid
Conclusion
References
From the Paper
"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 many cases, though, courts will enforce contracts even if they contain mistakes if the contract was made in good faith and satisfies the other requisite elements. Misrepresentations, though, generally represents a death blow to any contract if it is determined that one or more parties intentionally misled the other party or parties, and mistakes based on such misrepresentations will not be a legitimate defense for this misrepresenting party or parties."
Tags:law, court, legitamate
A comparison of the setting aside of contracts in the United States and Australia.
Research Paper # 92564 |
2,309 words (
approx. 9.2 pages ) |
10 sources |
APA | 2007
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$ 42.95
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Abstract
While the United States and Australia are literally a world apart geographically, the two countries share much in common today, including the English language; a legacy of British influence, customs and traditions; a comparable constitution; and, more importantly for the purposes of this discussion, the common law. The research shows that the respective contract laws that evolved over time in these two countries share this heritage, but some important differences have emerged that can make the difference between a successful contract and a failed one. Given the importance of timely and equitable adjudication of contracts of all types today, though, it is therefore important to understand when these legally binding instruments can be set aside and for what reasons. To this end, this paper provides the relevant background and a discussion of how and why contracts can be set aside in Australia and the United States. This is followed by a summary of the research and salient findings in the conclusion.
Outline:
Introduction
Review and Discussion
Background and Overview
Contract Law in Australia and the U.S. - Current and Future Trends
Conclusion
References
From the Paper
"In fact, the legal system used in the United States and in most of the member states of the Commonwealth of Nations, including Australia, in based on this body of common law. As a result, common law is differentiated from formal rules that were developed by the separate acts of equity, to statute law (i.e., the acts of legislative bodies), and to the legal system derived from civil law that is now more popular in continental Europe and elsewhere (Kiralfy 2006)."
Tags:common, law, statute, third, party, Civil, Liability
An overview of risk in derivative contracts and in particular forward exchange rates in currency markets.
Research Paper # 42832 |
3,650 words (
approx. 14.6 pages ) |
15 sources |
2002
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$ 60.95
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This paper will probe further into the issue of risk in derivative contracts. A special focus will be given to forward exchange rates in currency markets. This is an increasingly active and volatile arena that is both interesting and important to study. Currency flows each day total well over 1 trillion dollars (US), greatly exceeding the actual value used for foreign trade. Other derivative contracts used by corporate investors will also be considered. In the final analysis, it is clear that all financial instruments are derivative contracts in one form or another. What separates them is the degree of volatility and risk. The riskier the financial instrument, the more difficult it is to establish forward rates.
An overview of C.I.F type contracts and their risks.
Essay # 23385 |
1,473 words (
approx. 5.9 pages ) |
3 sources |
MLA | 2002
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$ 29.95
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C.I.F. contracts refer to cost, insurance and freight for the international sales of goods where the seller accepts responsibility for arranging insurance. The cost of the insurance is charged in the invoice itself and is prepared by the seller. This paper examines the impact of a C.I.F. contract on determining prices, the exchanging of property and risks and methods outlined under this type of contract. The paper concludes that C.I.F. contracts provide a usable agreement for international trade between different countries and clearly delineates the responsibilities of both the buyer and seller.
From the Paper
"C.I.F. contracts like any other contract outline the defined role that the buyer and seller play in exchanging money for goods. The key here is that this instrument if used for the international sale of goods and is an effort to make the process easier. It is only one of several incoterms that deal with such matters as which party is responsible for the transport of goods, who pays the insurance and who pays custom fees, etc.
There is an element of risk on both parts from the moment the shipment leaves one port until it reaches its final destination. Having clear documentation in the form of a C.I.F. contract has established standards for efficiently moving goods between countries."
Tags:incoterms, weather, conditions, sea, inland, transport, waterway, documentation, warehouse, insurance
A comparison of commercial and governmental contracts.
Comparison Essay # 118498 |
1,188 words (
approx. 4.8 pages ) |
1 source |
MLA | 2010
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$ 24.95
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Abstract
The paper explores commercial and governmental contracts, including the rights involved, how disputes are resolved, how payment is made and the law regarding title, warranty and liability. The paper then points out several similarities and differences between commercial and government contracts.
Outline:
Federal Acquisition Regulation (FAR)
Commercial Contract: The Item and Overall Situation
Legal Disputes
Payment
Title, Warranty, and Liability
Governmental Contract: The Item and Overall Situation
Legal Disputes
Payment
Title, Warranty, and Liability
Conclusion
From the Paper
"There are many similarities and differences between the commercial and government contract, however a few in particular are of particular importance. Namely the power of the government in both contracts is exercised, with its ability to end the contract at will provided within the commercial contract, while total control is also inferred in the governmental contract. The receipt of products and acceptance procedures were essentially the same between the two, with liability as to the quality of products being within the hands of the contractor until acceptance. The governmental contract went into more detail in a few particular areas, namely those of warranties, and also holiday adherence. The contractor is to provide an extensive warranty of their products, beyond that in the commercial agreement. Additionally, their work schedule must adhere to that of the government, observing the holidays they are told to. Finally, another difference is that of cost, with the governmental perspective having a payment range of $8,999,950,000, depending upon the use of the contracted resources over the base three-year contract with renewal clauses, while the commercial contract revolves around incremental payments based upon goods received."
Tags:title, warranty, liability, disputes, payment
This paper discusses the work "Oil for What? Illicit Iraqi Oil Contracts and the UN Security Council" by P. Heaton.
Book Review # 94397 |
1,483 words (
approx. 5.9 pages ) |
1 source |
APA | 2007
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$ 29.95
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Abstract
In this article, Heaton's work, the United Nation's Iraqi Oil-For-Food program and its suspected illicit dealings, are investigated. The writer points out that over a 6 1/2 year period, beginning in 1996, more than 1,300 oil contracts were issued, with the intended purpose of humanitarian relief for the Iraqi people. However, the writer shows that many have questioned whether all of the money transferred during contract issuance through oil extraction went to the humanitarian aid for which it was originally intended. The writer discusses that Heaton looks to answer the economic question of whether or not Saddam Hussein utilized these contracts to line his personal coffers, as well for the purchase of weapons.
From the Paper
"This is an important question that needs to be answered for two reasons. First, the United Nations needs to understand not only where their Oil-For-Food program went right, but also where it went wrong. The idea behind the program is a sound one. It allows the U.N. to economically sanction a country, punishing its leaders, but still be compassionate to the general populace that have little to no choice in their country's matters. However, as this work demonstrates, if there are loopholes in the program, and the details are not sufficiently considered, the punishments, meant by the economic sanctions, will barely be felt by those in power. And, in fact, despite rules to the contrary, sanctioned countries cannot only acquire the hard currency they desire, but also weapons as well, circumventing restrictions. The article implies that Hussein was able to offer oil contracts significantly below market value, in exchange for kickbacks, which were given when the contracts were resold to other individuals or organizations, to actually extract the oil, closer to market price."
Tags:Saddam, Hussein, humanitarian, aid, economic, sanctions
An overview of the collective bargaining contracts used in todays industrial relations.
Essay # 40746 |
650 words (
approx. 2.6 pages ) |
3 sources |
2002
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$ 13.95
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Abstract
This paper is written on collective bargaining contracts. Collective bargaining lies at the very foundation of today's industrial relations. It is the relationship between employers and employees via which contracts of employment are negotiated, under the aegis of a labor organization such as a trade union. The union tries to highlight the collective demands of the workers under its auspices, and the employer tries to negotiate a suitable contract that does not contravene existing labor laws.