Government contract law research paper

This research was undertaken to evaluate the performance of public owned construction projects awarded on a lowest bid awarding system, to determine the effect of advance payment on the contractor's performance, compare lowest and average bid systems,and check the quality of local construction materials use by lowest price won contracts.

research paper on breach of contract

Less common are unilateral contracts in which one party makes a promise, but the other side does not promise anything. For example, in English insurance law, violation of a "condition precedent" by an insured is a complete defense against the payment of claims.

International law topics for research paper

For instance, where an offer is made in response to an invitation to treat, the offer may incorporate the terms of the invitation to treat unless the offer expressly incorporates different terms. Warranties were enforced regardless of materiality; in modern United States law the distinction is less clear but warranties may be enforced more strictly. Standard terms and contracts of adhesion[ edit ] Standard form contracts contain "boilerplate", which is a set of " one size fits all " contract provisions. An oral contract may also be called a parol contract or a verbal contract, with "verbal" meaning "spoken" rather than "in words", an established usage in British English with regards to contracts and agreements, [50] and common although somewhat deprecated as "loose" in American English. Certain sections in information Technology Act also provide for validity of online contract. The parties may be natural persons "individuals" or juristic persons " corporations ". Advance payment is the main solution to support financial problemof contractors, but instead of paying in cash, purchasing the necessary construction materials is seen as an alternative to protectcontractors from using the money to other uses. Less common are unilateral contracts in which one party makes a promise, but the other side does not promise anything. The study identified that the causes of poor performance of contractors were won projects with lowest price; thereforemore of the respondents do not like the lowest bidding method.

In specific circumstances these terms are used differently. However, express clauses may be included in a non-severable contract to explicitly require the full performance of an obligation.

Restrictive provisions in contracts where the consumer has little negotiating power "contracts of adhesion" attract consumer protection scrutiny.

commercial law topics for research paper

He called consideration 'the price for which the promise of the other is bought'. Another example might be people who are mentally incapacitated, either by disability or drunkenness.

Uncertainty, incompleteness and severance[ edit ] See also: Contra proferentem and Good faith law If the terms of the contract are uncertain or incomplete, the parties cannot have reached an agreement in the eyes of the law.

A contract which is implied in law is also called a quasi-contractbecause it is not in fact a contract; rather, it is a means for the courts to remedy situations in which one party would be unjustly enriched were he or she not required to compensate the other.

In the United States, prominent examples include, in the case of products, an implied warranty of merchantability and fitness for a particular purpose, and in the case of homes an implied warranty of habitability.

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Construction Contract Management Research Papers