The Secret of Offer and Acceptance
The underlying philosophical approach to contract law is pacta
sunt servanda. Pacta sunt servanda is a Latin phrase that
can be literally translated as “Pacts must be kept,” but is more commonly and
colloquially translated to mean “agreements are to be kept.” This phrase is the
essential theory behind contract law. However, pacta sunt servanda only
applies if the contract that is formed is a legally valid one.
One of the most essential
aspects used to determine if a contract is valid or not is if there is a
legally recognized offer and acceptance. The focus on offer and acceptance is
the traditional approach to analyzing whether an agreement is present between
the two parties who are in a contract dispute.
When measuring whether there is
a sufficient agreement between the two parties, there must be an offer and
acceptance. The offer is the terms that are presented to the “offeree” by the
“offeror”. In order for a contract to be formed, the offer must be accepted
unconditionally.
If the initial “offeree” makes any changes to the terms
presented to them by the offeror, then there cannot be offer and acceptance at
that point, for the individuals have immediately swapped position. This new
offer, and acceptance of the new terms, may result in agreement, however. The
difference is largely technical, and only becomes an issue if there is a contractual
dispute between the parties.
Where Can I Find Sample Contract Forms?
Using sample contracts can help
individuals create contracts that will adhere to the basic tenets of contract
law while still being able to adapt to the particular needs of the contractual
situation in which they find themselves.
Contract forms may be created that
will provide blank spots in the sample contract into which a party will be able
to fill in their name or any other relevant information needed to transform the
sample contract form into a legally recognized valid contract.
Contract forms can exist for
the sale of goods, to form employment contracts, to create a relationship
between a landlord and tenant, to form a legally valid will or trust, to form
consent or release documents, and to create contracts for marriage or
cohabitation.
Other examples of sample
contracts include: event contracts; household services contracts; durable power
of attorney contracts; medical directives; other health and medical contract
forms; a variety of job contract forms, such as independent contractor agreements,
consultation contracts, project management contracts, or contracts for bidding
on a job; professional services contracts, such as a sample contract for child
care, for models, contract forms for a lien, a housing board contract, a contract
for maintenance, or model, painting, or photography sample contracts; contract
forms for real estate sales, rental contracts, general sales contracts, or
miscellaneous other forms of contracts.
Privity of Contract Explained
doctrine that holds that a business contract, along with any other type of
contract, may not confer rights or impose obligations to any person or agent
except for the specific parties that have formed the contract.
Privity of contract is most
commonly an issue which arises during business contracts that have been formed
to allow for the sale of goods or services. Horizontal privity of contract
becomes an issue when the benefits bestowed by a contract are given to a third
party or a party that was not a part of the original contract. Vertical privity
of contract involves an independent contract that develops between one signer
of the original contract and another individual or other legal entity.
There are certain circumstances
under which privity of contract may be set aside which will allow the legal
entity who is not directly a part of the business contract to be allowed to sue
to force a party to the original contract to uphold their obligations. Privity
of contract will only allow a third party to the contract to go against one of
the original parties to the contract beyond the ability to collect the third
party’s entitlement to a benefit under the contract.
Using A Contract Termination Letter
What Can A Contract Software Do For You
free contract templates for individuals to use when, in the course of their
business or personal dealings, they encounter the need to form contracts. In
addition to purchasing contract software for the express purpose of creating
contracts, in many cases companies are able to obtain free contract templates
online in order to accomplish their contract creation needs. The contract software
that is used may be customized for use by a company, or the contract software
may simply be used as they are originally obtained.
Free contract templates may be
used to create a standard form contract, which are also known as a boilerplate
contract or an adhesion contract. Whether paid or free, contract templates can
save an individual or enterprise substantial amounts of time, cost, and effort
that would otherwise be associated with the creation of a contract.
Contract software can be
drafted using free contract templates to help facilitate the use of contracts
and services. Contract software which an individual or enterprise obtains can
make use of free contract templates in order to allow the party that is
drafting the contract and then offering the contract to the other party, a
resource which can help them to make the contract more likely to stand up to
scrutiny in a court of law, as well as making sure that the free contract
templates which they use will provide for their particular needs.
Find Out What Meeting of the Minds Means
What are Sample Contracts
What You Need to Know About Contract Templates
Government Files Lawsuit against Fluor Companies
On November 8, 2012, the Department of Justice announced that the United States government is intervening in a case against Fluor Corporation and its subsidiary, Fluor Hanford Inc, after the Texas-based companies used federal funds for lobbying activity. The lawsuit for violations of the False Claims Act was first filed by a whistleblower, Loydene Rambo.
According to the Justice Department, Fluor had a contract with the Department of Energy (DOE) for multiple services at the Hanford Nuclear Site in Washington State between 1999 and 2008. The facility is federally funded.
According to the original complaint, part of the DOE contract stated that Fluor could not use the federal funds for lobbying. The whistle blower’s complaint alleged that Fluor used the funds for lobbying from 2005 to 2008 anyway. The company hired two lobbying firms, Secure Horizons LLC and Congressional Strategies LLC, to lobby members of Congress and federal agencies.
The United States has agreed to intervene in the case against Fluor, but the government will not intervene in cases against Secure Horizons LLC and Congressional Strategies LLC. Since Ms. Rambo filed the lawsuit under the False Claims Act, she can share a percentage of the recovery with the United States government.
Stuart F. Delery, Acting Assistant Attorney General for the Civil Division of the Department of Justice, stated: “The taxpayer money Congress allocated for this program was for training federal emergency response personnel and first responders, not to lobby Congress and other for more funding. When public funds are misused, as alleged in this case, the Justice Department will work to restore them to the Treasury.”
The Civil Division of the Justice Department and the U.S. Attorney’s Office for the Eastern District of Washington are handling the case and receiving assistance from the Department of Energy Office of Inspector General.
Source: U.S. Department of Justice