Abstract This paper attempts to explore the capacity of minors in the United States to form contracts, to break contracts and their legal liabilities for doing so. The paper touches on issues including the rights of other parties to such a contract and the concept of emancipation of minors. The paper defines minors and age of majority and also presents a historical context.
From the Paper "The law of contracts is concerned with the rules governing legal agreements. Contractual capacity is the minimum competence required by law for a party who enters into a contract to be bound by it. Certain persons are not considered to have sufficient capacity to be bound to or by contracts they may sign. A minor is normally deemed not to have such capacity. A minor is a person who does not have the legal rights of an adult."
Abstract Federal contracts for construction, while similar in many respects to other types of federal contracts, have some unique aspects that have caused the federal government to create a system of rules within the Federal Acquisition Regulation (FAR) specific to construction contracts. The federal government has been justified in creating these rules separate from those that apply specifically to supply and service contracts. This paper focuses on some of the unique rules and regulations that apply to federal construction contracts, including those related to contract types, labor laws, specifications, payments, delays, and differing site conditions.
Abstract
Overview
Contract Types
Federal Construction Contracting Laws
Contract Performance and Specifications
Payment Financing
Delays
Differing Site Conditions
References
From the Paper "The federal government is the largest owner of real property in the world (Bastianelli, et. al., 1998), so it stands to reason that they spend an enormous amount of money on construction and maintenance of that property. It is difficult to gauge exactly how much the federal government spends on construction annually, but it is noteworthy that the Department of Defense alone planned to award over $10 billion on construction contracts in 2002 (Bush, 2001). Because of this significant amount of construction outsourcing, and the intricacies that go along with construction contracting, the federal government has been justified in developing unique regulations and rules for construction contracts. The federal government, in the Federal Acquisition Regulation (FAR), defines construction as, ?"construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other real property"? (FAR 2.101). Determining whether or not something is considered a building or a structure is general straightforward, although there are always exceptions. However, the line defining whether or not something is real property can, at times, be somewhat unclear. The FAR does not provide a definition for real property, but in federal contracts the common legal definition is used, that real property is, ?"land and all things that are attached to it"? (Lectric Law Library, 2003). Though many of the clauses, terms and conditions, and rules applicable to federal construction contracts are the same, or similar, to those that are used on federal contracts for supplies, there are a number of differences in the nature of contracting for construction that have caused the federal government to create separate laws that deal specifically with federal construction contracts. One of the major differences is that construction contracts are performed on Government property. Because of this, construction contractors are subject to a great deal more in the area of inspections and general surveillance on their contracts (Abernathy and Kelleher, 1976). Construction contracts typically have much more paperwork than federal supply contracts. On construction contracts, a contractor is required to file daily reports showing that they complied with all the unique construction regulations, including safety, schedules, and submittals of material samples (Arnavas, 2001, ?? 27.4.a.). Construction contracts are subject to much greater scrutiny on performance than supply contracts, as detailed analysis and explanation of any deficiencies are reported to contractors and contractors have the right to respond. Past performance information is also kept on construction contracts for six years, where the norm on supply contracts is three years (Arnavas, 2001, ?? 27.4.a). Other differences that will be the focus of this paper include contract types, labor laws, specifications, payments, delays, and differing site conditions."
Abstract The paper explains how contracts serve as private agreements that have the purpose of ensuring that promises between two parties are carried out. Individuals enter into legal contracts willingly as a means of protecting their interests in whatever ventures the contract relates to. Furthermore, the paper explains that when contracts are signed, the parties traditionally believe that the agreement, if broken, will be enforced through the judicial system.
Abstract This case study aims to provide advice concerning the contractual issues around the JCT IBC 2005 contract. The author creates a scenario where a university is the client who has requested some advice and further clarification concerning the contractual difficulties that have been encountered. The paper relates the background of the situation - the client had deferred possession of the site to the contractor under the terms and conditions as set out the JCT IBC (2005) contract which resulted in the contractor's request to claim for direct loss and expense. The author addresses the issues of direct loss and expense, and adjustment of the completion date as related to the terms stipulated in the JCT IBC 2005 contract. The author explains the roles of parties that might be involved in such a scenario such as architects and sub-contractors. The paper also includes recommendations for better practices for future projects for the client.
Contents:
Introduction
Current Situation
Claims for Direct Loss and expense
Claims for Extension of Time and LADs
Role of the Architect
Procurement Considerations and Implications of Sub Contractors
Conclusion
Bibliography
References
From the Paper "This report has been produced to provide practical advice to the University (herein 'the Client') on the contractual issues around the JCT IBC 2005 contract. The client proposes to refurbish a Police Authority Building opposite the main campus. The contractor was appointed under a Traditional building contract using the terms and conditions as set out the aforementioned standard form of contract, and has just started on site. The client has already experienced some difficulties and has requested some advice and further clarification concerning the contractual difficulties that have been encountered."
Abstract This paper examines the "The Social Contract" by Jean-Jacques Rousseau which argues that we are all born free and equal, yet do not live either freely or equally. It discusses the argument that the construction of the General Will is the means by which people can achieve freedom. The General Will is the social contract where all members of society agree to obey the General Will to be part of society. Rousseau argues that by this General Will, the separate wills of each member of society converge into one and that freedom is achieved because every citizen is equal, each being a single unit of the General Will and having the same amount of influence over it. It considers the implications of the General Will and the social contract and how Rousseau's version of freedom and equality may never be truly attained, however this may be a reality of a society, rather than a downfall in the theory.
From the Paper "Rousseau differentiates between two types of freedom, personal freedom and social freedom. Personal freedom is an individual's own selfish choices, where an individual will carry out only those actions that are of benefit to them. Social freedom is the freedom achieved when an individual carries out those actions that the General Will requires. Rousseau argues that social freedom must be achieved at the expense of personal freedom. This is the cost of being part of a society. Thus while an individual is born free, their freedom in society cannot exist until they give up their personal freedom. Giving up their personal freedom for social freedom, means all individuals act in accordance with what is best for society as a whole, not their own needs and wants. It is true in this, that individuals do give up freedom."
Tags: general, will, social, contract, individual, freedom, society
Abstract This paper discusses the differences between tort law and contract law, and how they impact on the individual and/or organization. According to this paper, taking legal action based on tort law and contract law, is not simple. One has to taken the issues involved into very careful consideration. This paper reviews the issues and the necessary steps to be taken.
From the Paper "Tort law and contract law specifically impact individuals or organizations that believe that they have encountered others who have negatively impacted them in an intentional manner. Yet, the determination of finding legal recourse through tort law or contract law requires specific attention to the actions that have occurred, as well as whether or not those actions may encompass both areas of law in relation to the individual. Contract law is, by definition, an agreement between two parties in which both are willing to enter into a binding mutual exchange where both entities benefit. The contract states what the parties are willing to exchange and generally provides all of the stipulations of that agreement in documented or verbal form (Rowley). The documentation or verbal agreement allows the parties to have proof of their intentions, and should those intentions not be met either party has a legal recourse through lawsuit as necessary."
Abstract This paper is an answer to a legal hypothetical presented whereby Marshall would be obligated to Fletcher for the rent money he agreed to pay when he entered into a contract at the age of 17, but took steps after he reached the age of 18 to ratify the contract.
From the Paper "In the present case, Marshall entered into the contract to lease an apartment and pay one half of the rent with Fletcher paying the other half. "A contract is a legally binding agreement enforceable in a court of law"(Bennett, p. 1). For a contract to be valid it must meet certain requirements. The basic requirements are that there is a meeting of the minds, acceptance, and consideration. These three are present in this case. There is no suggestion in the hypothetical that Marshall did not know what the lease entailed, the length of time of the lease, or what portion of the lease he would be responsible for. "
Abstract This paper explores e-commerce and the legality of such translations that are increasing so rapidly. The paper examines the formation of electronics contract and discusses the position it holds in law. Case studies are included in the paper.
From the Paper "Amazon.co.uk is a web site company that sells books, DVDs, CD's, software and video games. In their terms and conditions, it says: Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Amazon.co.uk sends the e-mail to you (whether or not you receive that e-mail)?? As in the postal rule ? whether or not acceptance is received, it will be deemed to be an effective contract."
This essay examines Locke's social contract between people and sovereign and how Locke embraces the people's right of revolution, and assigns the sovereign reciprocal responsibilities to his subjects that Hobbes does not do.
2,160 words (approx. 8.6 pages), 3 sources, 2000, $ 67.95
Abstract To substantiate the social contract as a valid justification for the political order, I will primarily examine Locke's social contract between people and sovereign, rather than Hobbes's social contract among the people, because Locke's theory is generally superior and more contemporarily relevant. I will first examine the pre-political state of persons, which is the state of nature, and demonstrate that rational individuals are compelled to enter society by agreeing to the social contract. Secondly, I will discuss the principal advantage of the social contract, which is that the government is legitimized by the consent of the people. Thirdly, I will discuss the principal advantage peculiar to Locke's formulation of the social contract, which is that the sovereign is held accountable for his actions. To more thoroughly examine the validity of the social contract in justifying a political order, I will discuss a possible objection to the use of the social contract, namely, that the social contract cannot oblige any but those who originally formed such a contract.
From the Paper "After the English Civil War, justifying political authority became a particularly pressing concern. After all, the nation fought a bloody war to determine whether its supreme authority would be King Charles I, who claimed rule by divine right, or the Parliament. Thomas Hobbes's Leviathan was published in 1651, shortly after the Rump Parliament voted to execute the often-intractable Charles I in 1649. The chaos of the Civil War, regicide, and the establishment of Cromwell's Protectorate surely led Hobbes to favor a sovereign with absolute power. In contrast, Locke's Second Treatise on Government, published in 1690, was greeted by a starkly different English political culture. The 1688 Glorious Revolution, a bloodless coup in which the last Catholic monarch, James II, was finally deposed, allowed for the acceptance of the English Bill of Rights. The Bill of Rights finally guaranteed the supremacy of Parliament and the political and civil rights of the people. Granted the historical fact of the Glorious Revolution, Locke embraces the people's right of revolution, and assigns the sovereign reciprocal responsibilities to his subjects that Hobbes does not do. Although Hobbes and Locke ultimately design markedly different states, each justifies the political order with a social contract. The social contract does, indeed, provide a convincing justification for the political order."
Tags: government, hobbes, john, leviathan, locke, on, second, thomas, treatise
Abstract This paper explains that a contract must meet three elements: (1) mutual assent, an offer and an acceptance; (2) consideration---each party has to give or give up something and (3) have no defenses--- the parties have truly agreed to the terms. The author points out that neither Rexam, Inc. nor the retirees are disputing the fact of having a contract; rather the issue is to prove whether the company is breaking the contract because of changing the terms in the contract, which they assert is legal because the contract expired. The paper relates that the retirees are arguing that "lifetime" is until they die, no matter when the contract expired, so they believe that there is still a contract. The paper describes many types of contracts and damages.
Outline:
Introduction
Contracts Elements of
Types of
Counterclaim
Jurisdiction
Case Law
Damages
Conclusion
From the Paper "Rexam, Inc. along with many other companies who are suing the retirees, do not have to face punitive damages. Punitive damages are what the defendant would owe the plaintiff to punish the defendant for their wrongdoings and to deter similar actions. Since Rexam, Inc. and the retirees are in a contract lawsuit, punitive damages do not apply. The retirees have done nothing wrong to have to pay Rexam, Inc. damages for them wanting to increase the rate they are paying for medical coverage."
Abstract This paper discusses laws that apply to breach of contract, related to an interview the writer conducted with Mr. James Pflanz (a lawyer specializing in small business issues). The writer explains how the law of contract is part of private law, and is designed to make sure that parties to a contract keep their promises to each other, and to provide remedies if parties do not keep their promises. The writer further discusses how in the case of partial or complete breach of contract, the wronged party may use contract law to try and get a remedy, which is usually damages. The writer asserts that it is very important in business to have a really good contract drawn up by a lawyer, so that a party does not suffer undue losses due to breach of a poorly written contract.
From the Paper "One of the main purposes of contract law is to promote cooperation between parties, and make them keep their promises to each other. When parties cooperate and keep their promises, they can achieve success. However, if they do not work together and cooperate, or if they break their promise, then things can go very wrong. Money may be lost, and it may become a situation where the different parties blame each other for losses. Or else, it may be that a party does not do what they were supposed to do, or do it properly. In this situation, the law of contract lays down ways in which the wronged party can sue for breach of contract. This is the kind of situation I uncovered in a personal interview with Mr. James Pflanz, a lawyer specializing in small business issues."
Abstract This paper examines the steps taken to transform an agreement into a contract. A contract's essential, natural and accidental elements are described, and the issues which are necessary for a valid contract, and for a contract to be legally binding, are outlined. The paper presents an overview of the necessary provisions written contracts must have. The stages a contract goes through are illustrated. Limitations of contracts are provided, and compensatory damages for a breach of contract are discussed.
From the Paper "A contract exists when two parties agree to exchange property, money or service. It is an agreement to do or not to do something. An agreement is, therefore, the most important prerequisite of a contract, whereby the parties assent mutually to the terms of the agreement or understanding. It is a promise made by the parties to each other (Legal Information Institute). Contracts, at times, are used interchangeably with covenant and stipulation, but not every agreement is a contract: only agreements, which are legally enforceable are considered contracts."
Abstract This paper defines behavioral contracting as a written contract containing behavioral obligations a student and his teachers, and often his parents, must fulfill, which usually involves incentives given to a child when he meets his behavioral obligations. The author points out that the aim of behavioral contracting is to modify "inappropriate", "abnormal", or "undesirable" behavior by gradually accustoming a child to a particular pattern. The paper stresses that the goal of developing a student's focus and attention is the essence of a behavioral contract, thus obligating a student to keep his focus on his task whenever necessary.
Table of Contents
An Introduction to Behavioral Contracting Knowing a Child's Individual Needs to Achieve a Successful Behavioral Contracting General Instructional Principles for a Successful Behavioral Contract Refocusing Strategies to Keep a Student Stay on Task
Summary: Relationship Between Behavioral Contracts and Student's Ability to Stay on Task
From the Paper "Provide Advance Warnings. Letting students know of the proceedings of a lesson or activity, such as telling them that the current lesson is about to end and a new one will be introduced, will keep their focus and attention on learning. Unlike when they are only aware that a lesson is to end, they might be eager waiting for that time and might expect or think of fun things to do like playing. Hence, their focus to learning will be lost."
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."
Abstract This paper discusses the theory of contract and provides a review of contemporary legal contract theories, the relation between contract law and trust and how important lawyers are in contract law for promoting trust in commerce. The paper shows how contracts are the primary business instrument used to transact commercial exchanges in the United States and abroad today. The paper concludes that contract law serves as a bastion of last resort because people will tend to behave in ways that maximize their self-interests at the expense of others.
Outline:
Introduction
Review and Discussion
Conclusion
From the Paper "Before examining any regulation of contracts, though, Collins (1999) suggests that it is important to gain some concept of a typical contractual relation itself: "This relation plainly differs from other types of human association, such as those found between friends, neighbors, members of a club, and between members of a family. Such an investigation of the social institution of contract presents a considerable problem, because the idea of contract possesses a confusing surplus of meanings" (p. 13). On the one hand, Black's Law Dictionary (1990) defines a contract as "An agreement between two or more parties which creates an obligation to do or not to do a particular thing. As defined in Restatement, Second, Contracts, Section 3, 'A contract is a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty'" (p. 322)."
