For instance, Eugene W. Massengale notes that "An attempt must be made to seek the resolution of any suspected mistakes as specifically as possible" (p. 83). This author also reports that if a party to a contract incurs additional costs or expenses as a result of the mistake, they may recover such costs or expenses as part of completing their obligations under such contract (p. 117).
Conclusion
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...
Misrepresentation, 2010: Duty and public notice in the UK, PLC The audited financial statement prepared by Bumble & Co, on behalf of Horizon PLC 'made public' the performance of the corporation: reporting earnings of £10 million. Where published, shareholders and other stakeholders may 'assume' official and final writing according to the Statute of Frauds, which stipulates that public notice of the company's profit and loss constitutes reliability to the shareholders and other
Not all offense levels are entitled to a jury trial and each jurisdiction has its own standard in this regard. As a general rule, however, any offense involving the possibility of incarceration as a sanction is entitled to the benefit of a jury trial. This same standard is applicable, as well, to the right of every defendant to be represented by counsel. In all cases, regardless of the seriousness
awarding audit contracts by U.S. government departments and agencies Audit Management Red Rationale for and Objectives of the project main and secondary Desktop or literature search Rationale for Search Methodology LITERATURE/DESKTOP RESEARCH Authoritative sources Desktop Findings Justification for audits Evolving role of auditors Types of audit contracts Understanding the Audit Process Best practices and benchmarking Terminology Case Studies Audit management is a fundamental element in government accountability, control and performance management. Certainly there is justification within the Federal government to conduct audits of contracts for the
In this particular instance, while under the impression that the expression 'Gros' denoted double packs, not as the objective term signified the amount o "12 x 12," a teacher reportedly ordered toilet paper on behalf of her school. "Her order of 'Gros' those objectively meant 3600 packs of toilet paper instead of 50. The action of a supplier for the prize of 3600 pacts of toilet paper failed because
In order to establish a constructive trust, one must look at whether a duty exists between the two parties. A fiduciary duty can arise from the circumstances of a conveyance. Furthermore, when parties have a relationship of trust and confidence, a duty can exist outside of normal fiduciary duties. The Court held that it could not examine the relationship between the Maffeis and the representatives of the RCAB without
Conflict of Interest Acquisition of Government Allies, Inc. ECG is anticipating an acquisition of Government Allies, Inc., and plans are being developed for ECG to have an Initial Public Offering (IPO) in the near future which is likely to provide an extensive growth opportunity for ECG. Following due diligence activities on the planned acquisition, it comes to light that a senior ECG executive has a potential conflict of interest in the acquisition
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