Case Study Of Dod: A Typology Of Contract Law

In this paper I will discuss the various aspects of a Federal Contract Specialist position and what makes it different from many other government jobs. Some people think contracting is just shopping for a living, however, it requires great skill and attention to detail. Contract Specialists must be able to communicate effectively with their customers, vendors and other contracting personnel and they must be able to accurately interpret regulations and apply them appropriately. This position is a little bit customer service representative, a little bit personal shopper and a whole lot of legal assistant.

Most time, acceptance would be made in clear and loud matters, such as saying “Yes, I accept.” But silence would constitute acceptance of an offer where the common-law and statutory law allows. Supreme Court of Nebraska has confirmed in Joseph Heiting and Sons v. Jacks Bean Co that acceptance may be established by silence or inaction of an offeree and acceptance occurs when the buyer/offeree “does any act inconsistent with the seller/offeror’s ownership...” Neb. U.C.C. section 2-606(1)(c). In Joseph Heiting and Sons v. Jacks Bean Co, 463 N.W.2d 817, 236 Neb. 765 (Neb.,1990), Heiting (Plaintiff) offered to sell its beans at the posted price on September 30, 1987, but was never informed of acceptance or rejection of the offer. Heiting and Jacks

The particular focus of this essay is on how terms are implied. This is central because the courts intervene and impose implied terms when they believe that in addition to the terms the parties have expressly agreed on, other terms must be implied into the contract. Gillies argued that the courts have become more interventionist in protecting the rights of contracting parties thereby encroaching upon the notion of freedom of contract. The doctrine of freedom of contract is a prevailing philosophy which upholds the idea that parties to a contract should be at liberty to agree on their own terms without the interference of the courts or legislature. Implied terms can be viewed as a technique of construction or interpretation of contracts. It has been argued that the courts are interfering too much in their approach to determine and interpret the terms of a contract. The aim of this essay is to explore this argument further and in doing so consider whether freedom of contract is lost due to courts imposing implied terms. The essay will outline how the common law implies terms. The final part of the essay will examine whether Parliament, by means of a statute, or terms implied by custom restrict freedom in a contract. An overall conclusion on the issue will be reached.

To judge the success or failure of Blumberg Apartments, we must first analyze the project as it works to provide good housing. Good housing should not just be regarded as a noun, it should also encompass housing as a verb. The commodity of the house as a shelter is the noun. This commodity should provide a place for redressing. It should hold the essential necessities that make for a comfortable and complete home. A place that balances privacy and social interactions. As a verb, good housing should be a utility that works to enhance one’s life (Turner, 1972). It should be a stepping stone towards opportunity. For Blumberg Apartments in the grand scheme, both of these facets can be regarded as failures. As the housing projects suffered through massive deterioration, it failed as a commodity. Residents described how their housing had “stairwells that reeked of urine and dirty diapers, constantly breaking appliances and elevators, and the frequent sounds of gunshots” (Colaneri, 2016). Furthermore, units were found to not meet minimum size standards and

Wally, business owner of Windy City Watches is located in downtown Chicago, IL. Business is booming and Wally needs to buy a large quantity of Rolek watches which sell for $50 apiece. He calls Randy Rolek, the wholesaler located in Milwaukee WI. They discuss terms on the phone for a while before coming to an agreement in which Wally offers to buy 100 watches for $25 each. Randy sends over an order form in which Wally states that he is agreeing to purchase watches from Randy for $25 each, but does not include the quantity in which he will buy. Randy sends 50 watches the following week with a note included stating that he has sent 50 watches and will send the other remaining 50 watches within a few days but includes the bill for the full

Housing programs and redevelopment continued to expand and finally the United States passed the Department of Housing and Urban Development, or HUD for short, in 1965. The establishment of the eleventh Cabinet-level agency sparked controversy between Democrats and Republicans in the House and Senate. The arguments “were based on the need for managerial improvement and greater efficiency and coordination of programs, but there was, also, general recognition that the prestige of Cabinet status would benefit housing and urban programs both in Congress and outside government” (Willmann 22).

By the late twentieth century and into the twenty-first century the main housing program for veterans was consistently that of the guaranteed home mortgage loans. “Except for a very small provision for homeless, disabled veterans, there is no subsidized rental program for veterans” (National Ingratitude, p.135). However, this program wasn’t highly utilized, as “many veterans and their families [paid] far more than they [could] afford for shelter or live[d] in overcrowded or otherwise substandard dwellings, and well over

New Hope Housing likely had strengths related to their employee development program, their effectiveness in housing people in need, and their niche for ensuring individuals who would typically be rejected housing. Some of their weaknesses likely related to their secured funding and current dependence on government funding. Some of their opportunities relate to finding solutions for permanent housing, as this is currently a struggle for the people they serve. Lastly, their threats likely also have to do with their government funding. As budgets change, money is moved around and can impact this organization for the better or for the worse.

So many Veterans, even with the HUD VASH voucher system, are living in sub par conditions while landlords are pocketing overage monies for personal gain. Our mission is to offer not only housing, but a more complete and all-inclusive approach to treating our veterans, for future success. We aim to be an extension from existing VA programs and become a direct link to job training – while bridging Veterans back into society. Veterans are faced daunting challenges while transitioning into civilian society – which include—lack of camaraderie, lack of transferable job skills through the lack of support network lack of identity outside the military, and unemployment. Our mission is to alleviate these problems while benefiting the VA, overall society,

Bernie a resident of Richmond, Virginia decides to sale his 2006 Ford Fusion for $13,000.00 and places an ad in his local newspaper on February 1st. After several weeks without any inquiries, Vivian contacts Bernie on March 1st stating she will pay him $12,000.00 for the car. Bernie arranges to meet with Vivian on March 5th to complete the deal. Vivian comes to Bernie’s house on March 10th and says she will give Bernie $12,500.00 for the car; but she needs three additional weeks to come up with the money. Bernie agrees but only if Vivian puts down a deposit. Vivian agrees and Bernie drafts an agreement stated the sale will must take place no later than March 31st. Vivian reads and signs the agreement and

Cari Connell leased an apartment from Maryland Arms and experienced a fire due to a hair dryer that was plugged in by Ms. Connell. Maryland Arms repaired the apartment and sent a bill to Ms. Connell for a total of 8,533.81. Ms. Connell did not pay and was evicted and taken to court by Maryland Arms. Ms. Connell argued that the fire was accidental in nature and not by negligence which neither the lease nor Wisconsin permitted claims for damages when they are not caused by negligence by tenant. Maryland Arms voiced Ms. Connell was liable due to the leases liability paragraph.

Sacrificing their lives serving the United States of America, military personnel at least deserve a worthy home. It is common for military families to move every few years and each time comes with a decision of living in a civilian home of their choice or an assigned family-sized home on the military base to which they are assigned. Both options have their pros and cons: for instance, their differences in privacy, cost effectiveness, and security are all major factors in which home location is the better option.

Contracts, business, and laws are three simple little words, but when put together they have a substantial impact on our everyday lives. Below we will discuss three case studies. The first case is between Chris, Matt, and Ian vs. Donald Margolin, who was injured when he used an aftershave lotion that he bought off the internet called Funny Face. The second case is between Sam, his landlord, and a national chain store. Sam is being accused of conducting business from his apartment and going back on a verbal promise. In the last case is two lifelong friends who decided to join in a partnership and open up a sporting goods shop. Therefore, before the appropriate court can proceed with the first case, the court should take into several considerations around the rules of jurisdiction, alternative dispute resolution (ADR), and whether or not corporation/or corporate offices can be held for the criminal or potential act. In the second case before the court can rule the court should determine the various elements of a valid contract, if a quasi-contract exists, a promissory estoppel, and the rights an obligation of a tenant would prevail on Sam 's claims. Finally, in the third case between Jeb and Josh, they should determine the type of business entity that will overall protect their business and personal needs.

Contractual agreements are supposed to be consensual, and freely entered into by the parties involved. Therefore, ‘before a court enforces a relationship as a contract, the courts must have a reasonably certain basis in fact to justify binding the parties to each other.’ (St. John’s Law Scholarship Repository, no date). Resolution of whether a contract was intended to be legally binding is not determined by what the parties themselves thought or intended. Rather, a more objective stance is taken by the courts. This is known as the objective theory of contract, and essentially enables ‘the courts to look at external evidence (what the parties said and did at the time)’ (Poole, 2006, p. 34), as to objectively indicate the parties’ intentions

Contract Law Case Study Both the parties in the question have come to a problematic situation