Procurement and Contract Management in Adams v Cullen - Free Essay Example

Procurement and Contract Management Adams v Cullen In early 2013 Edward Cullen approached the Adams Family to negotiate a long term lease of a disused warehouse site, in order to develop low cost housing. During early negotiations it was agreed that the project would be ready by June 2014, with Adams to cover construction costs until the apartments were ready to be sublet. In March 2013 Cullenà ¢Ã¢â€š ¬Ã¢â€ž ¢s solicitors sent Adams a draft lease agreement assuring them if they heard nothing more within 10 days that Cullen had, for his part, affirmed the terms and had executed the agreement. Not hearing from Cullen or his solicitors, Adams assumed the project was to go ahead and commenced work. In November 2013, without informing Adams, Cullen decided to the lease agreement put on hold, based on negative information gathered in a recent feasibility study. In January 2014 notified Adams that he would no longer be leasing the estate, on the basis he had not formally and legally executed the lease. At this point Adams had incurred considerable expense on the project, assuming that they had a legally binding agreement with Cullen, and still had a contractual agreement with Better Constructions. Promissory Estoppel offers Adams a path for legal recourse against Cullen. As they may sue for specific performance, enforcing Cullen to maintain his promise to lease the apartments. Promissory estoppel acts as a tool to rectify an injustice where a promise has been made by one party, which another party has relied upon to its detriment (Szantyr, 2011). In this case Adams has relie d on the implied contractual agreement formed with Cullen to commence the project, establishing various contracts with third parties in the process. It could be argued that while no formal contract was commence between the two parties, Cullen knew of the work being undertaken by Adams and his inaction could circumstance constituted encouragement or inducement for Adams to continue work (Waltons Stores (Interstate) Ltd v Maher, 1988, p. 387). Therefore, Cullenà ¢Ã¢â€š ¬Ã¢â€ž ¢s withdrawal from the contractual agreement could equate to unconscionable conduct, thus becoming liable for legal action. By allowing Adams to undertake the work (employing contactors) under a false assumption that a contract had come into existence. Eastside Constructions v Adams Holdings Eastside Constructions (EC) is undertaking legal action on the basis that their tender should have been accepted, rather than that offered by Better Constructions, for the contract to design and construct a number o f self-contained units. Their claim is that, due to their proven track record with this type of project and their lower priced quote, they should have been awarded the tender. However, traditionally the tender process is viewed as an invitation to treat and is no more than an invitation to make an offer, with no binding legal obligation to any particular contractor (Szantyr, 2011). Therefore Adams was free to select whichever contractor they would like. However, given that Adams Holdings issued specific selection criteria as part of the tender process it is possible for EC to enact legal proceedings. The request for tender becomes an obligation of good faith, requiring the inviter (Adams) to provide an equal opportunity to all tenders and review them correspondingly (NSW Department of Finance Services, 2010). If it can be proven that Adams did not follow the evaluation procedure listed in their tender selection criteria, EC may have recourse to claim the costs of preparing it s tender (Hughes Aircraft v Airservices Australia, 1997, p. 146). The outcome of this case is determinate on if it can be proven that Adams did not follow the selection criteria outlined in their request for tender. Better Constructions v Big Equipment Supplies The dispute of Better Constructions (BC) v Big Equipment Supplies (BES) sees BC suing BES for breach of contract. After BC were required to purchase building supplies (scaffolding supplies) from a third party, at an increased amount. BES advertised the items for a cost of $28,500, an offer was made by BC to purchase the goods over a series of monthly payments. BES rejected this offer but made a counter offer of the original full amount, thus becoming the offeror in this situation. Upon comparing the price against equivalent equipment, BC decided to accept the offer, sending a letter of acceptance on May 6th. The letter was received by BES May 8th. However, as of May 7th the goods had already been sold to a third part y. Generally, the offeror can revoke any offer it has made, as until an offer is accepted there is no binding contract. Therefore, the question in this case is when the offer was accepted (Szantyr, 2011). The postal rule allows us to determine when the offer was accepted. The postal rule states that if acceptance is made by post, than any offer is accepted as soon as the letter is posted, even if delivery of the letter is delayed or the letter never reaches the offeror (permitting properly addressed, stamped and posted) (Adams v Lindsell, 1818, p. 250). Therefore, BESà ¢Ã¢â€š ¬Ã¢â€ž ¢s offer (counteroffer) was accepted May 7th, before they sold the equipment to the third party. Consequently, Better constructions should be able to legally obtain compensation for losses from the contract breach by Big Equipment Supplies (as a result of BC having to purchase the same equipment from a third party). Woodwards v Better Constructions Woodwards (WW) are in the process of decidi ng whether or not to undertake legal action against Better Constructions (BC) for failing to pay an extra payment that they had promised, in addition to the original contract amount. BC contracted WW to install timber framing, at a fee of $30,000 and to be completed by December 1st. However, after deliberation about the impacts and penalties of late delivery of the construction project BC promised a further $5000 if the project was completed by December 1st. This dispute deals with aspects of contract law, specifically, Consideration in existing contractual duties (commercial benefit) (Australiancontractlaw.com, 2014). In this case consideration was originally given by BC to WW to complete the timber framing by a set date at a rate of $30,000. BC will argue that the further consideration (of $5000) falls under the previous contractual arrangements and scope, and therefore they are not liable to fulfil the new consideration. However, it could be proven that BC received an addit ional à ¢Ã¢â€š ¬Ã‹Å"practical benefità ¢Ã¢â€š ¬Ã¢â€ž ¢ from the on time completion of the work, namely (Szantyr, 2011): The continuation of work without stoppage; The avoidance of a penalty from the building owner for late completion of the building project; and The avoidance of the trouble and expense of having to engage another sub-contractor. Therefore, although falling under an existing contractual duty, BC received a à ¢Ã¢â€š ¬Ã‹Å"practical benefità ¢Ã¢â€š ¬Ã¢â€ž ¢ when WW completed the works on time, thus providing good consideration (Williams v Roffey Bros. Nicholls (Contractors) Ltd., 1990, p. 512). WW should peruse BC to claim the promised payment. Bibliography Australiancontractlaw.com. 2014. Australian Contract Law | Julie Clarke. [online] Available at: https://www.australiancontractlaw.com/ [Accessed: 4 Apr 2014]. Gooley, J., Radan, P. and Vickovich, I. 2007. Principles of Australian contract law. Chatswood, NSW: LexisNexis Butterworths. Groves, M. 2005. Law and government in Australia. Sydney: Federation Press. Innovation.gov.au. 2014. What is valid consideration? [online] Available at: https://www.innovation.gov.au/smallbusiness/LegalHelp/LegalTopics/BusinessRelationships/Pages/WhatIsValidConsideration.aspx [Accessed: 4 Apr 2014]. NSW Department of Finance Services. 2010. Tendering Manua l. Sydney: NSW Department of Finance Services. Poole, J. 2004. Textbook on contract law. Oxford: Oxford University Press. Szantyr, M. 2011. Lecture Notes Procurement and Contract Management. Adelaide: University of South Australia. Legal References Adams v Lindsell. 1818. 160 ER 250. Hughes Aircraft v Airservices Australia. 1997. 1 ALR 146 Waltons Stores (Interstate) Ltd v Maher. 1988. 164 CLR 387. Williams v Roffey Bros. Nicholls (Contractors) Ltd. 1990. 1 All ER 512. J. Creech Procurement and Contract Management 2014

Attending Wallace State Community College - 845 Words

Attending Wallace State Community College was really a no brainer for a myriad of reasons. It has been sixteen years since I attended high school. Since then, I have used practically none of the math that I learned in my high school years. Now, I have to relearn that math in order to put me on the path of obtaining my Bachelor’s degree in History and following that up with law school at either the Cumberland School of Law at Samford or the Birmingham School of Law. The math program at Wallace is said to be easier as it includes less math that would only be used if I was trying to put a man on the moon. Add the convenience of riding to school with my beautiful wife because she already attends Wallace; coupled with having a smaller sized school and cheaper tuition just puts icing on the cake and beer in my mug. The path that led me to Wallace is chocked full of experiences and events leading me here. Some are good, some bad, some even comical. The main reason for me choosing Wal lace is life in general; from joining the Marine Corps and having to put off school to fight jihadis, to getting married and having kids; thereby putting school off even longer, it has put a large gap in my transition from high school to college. It has also allowed me to have a realistic view of the world which leads me to why I chose Wallace State. Those reasons are because of the math program, school convenience, as well as the student body and campus. My wife Renae took her math classes atShow MoreRelatedEndless Possibilities in Education1845 Words   |  7 Pagesconcurrent enrollment classes it does help them with the cost of a college education. Or at least, this is how it seems in America. Most American high school students want to go to college and even dream about it. With our current economy students cannot afford to attend the college of their dreams. Parents either are forced to help their children or the child must take out a student loan. 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Why Are We Still Focused On Prochoice And Gay Rights

In the nineteenth and early twentieth centuries, the modern 2-sex model of exclusive heterosexuality had come to define conditions of â€Å"normality† and â€Å"abnormality† in both sexual desire and gender expression. In today’s society we are still focusing on what is normal or what is abnormal. In early times being deemed abnormal was a fatal punishable crime. Luckily today citizens such as homosexuals and women who abort babies are not getting punish such as death or jail time for making a personal lifestyle â€Å"choice†. Why are we still focusing on prochoice and gay rights? In this essay I will focus on prochoice today verse the nineteenth century and sexual orientation freedom past and present? In my arguments, I will answer ways†¦show more content†¦It is not science. You can’t put a person that desires the same sex on a table as enter his brain and try to search for answers. Ever though this has happen on individual, but what they have found out is that they were no more different from anybody else. In early time there was a thing call the private life. There were two forms of private life, first form was religious and the other form was a time when reading and writing was popular. In this time leaders such as the clergy, scholars, court official and other high official would write letters and other important documents, they would go to a particular place in their homes and they would write to their close person in their lives. I remember a scene from the new TV sitcom called The New Normal where two gay men are hiring a surrogate to have a baby for them. In one episode the two men shared a kiss in a baby depot; a male customer saw them as demanded them to stop. He forcibly told them that what they were doing should been done in the privacy of their homes. My opinion to this is that anything sexual including long kissing (rather done by heterosexual or homosexual) should be done in privacy. In the early stage of sex and gender making, scientist and psychotherapist tried to find ways to give a logical answer when defining gender. The dictionary describes logic as the study of the principal of reasoning or valid reasoning.

Managing Mental Health

Question: Write an essay on Mental Health ? Answer: Since the beginning of civilization, among the various significant factor, which can greatly influence the essential activity of human being as well as regulate the quality of the life, health is most important. As per the given instruction this assessment will be focusing on the various perspectives of the managing mental health in the adults and discrimination specially who are suffering from altered mental health condition and various mental disorder. In a the virological effectiveness of 4 commonly used HH protocols with use of a standardized human study protocol, and we compared the results of these protocols with any natural change in influenza viability on HCW hands when left undisturbed by HH activities. Researchers used a live (infectious) influenza A virus strain (A/New Caledonia/20/99 [H1N1]) that was a component of the influenza vaccine administered to Australian HCWs during 20052006. This H1N1 strain was considered to be a suitable surrogate for H5N1 avian influenza, bec ause their envelopes have similar physicochemical properties, but it was less likely to be associated with a significant risk of severe illness, given the ability to prevaccinate participants [4, 6]. H1N1 was originally isolated and repassaged in embryonated chicken eggs before allantoic fluid was collected, pooled, and aliquoted into 1-mL samples that contained 1.8_107 tissue culture infectious dose (TCID)50/0.1 mL live H1N1 (PCR cycle threshold [Ct] value: 17.3;World Health Organization Collaborating Centre for Influenza, Melbourne), which was stored at _70_C until used. In order to establish a systematic view on this context, it is very important to understand the various significant purposes of the research design as well as its multipurpose way of planning, before the detailed evolution of various type of research design related to implementation of relevant technologies in the health care system or specific type of therapy design in the case of aged care system. In order to ch oose a specific therapy design, clarification of the about the proper concept of the research design is very much essential. Then the various aspects and the specific field of the research should be taken into the consideration and also need to know in what format the research format fits forms the development of a relevant research topic or question to moderate stage of the research process like the collecting of the data, evaluation of the collected data in order to synthesizing the evidence based practices as well as reporting the data (Bao, 2012). In order to systematically evaluate the various aspects of the research design as well as its various classification, philosophical as well as theoretical assumption, always play a significant role. Before the detailed interpretation of the philosophical assumption in the context of the qualitative research and heath care system allied wearable technologies, it is essentially suggested by various researchers after the numerous clinical study, that there is no such confirm or predetermined way or systematic process for the successful development of the qualitative research (Baratta, 2010). In spite of some conventional way of processing or developing, the systematic structure or progressing of the qualitative research, depending upon some significant factors like epistemological factor or ontological factor or research goal oriented factor. In the perspective of the Research design, qualitative research may be explained as the naturalistic as well as interpretative approach, which should be carried out with the responsibility of exploring various potential phenomena from the internal context. It also includes the perspective of the research oriented subjects and relevant information (Dez, 2015). Here in the following diagram, a engagement percentage of people to the wearable technologies, in the perspective of heath care system, is represented: Various characteristics of the qualitative research are to be specifically analyzed, in the perspective of the research design and in order to properly develop a research process. Aims as well as objective of the research design, is the main fundamental factor which has to be in death qualitative value as well as comprehensive understanding of the overall process. Comprehensive understandings of the various significant approaches, which are related to the research design, are playing the fundamental part in the perspective of the philosophical as well as theoretical assumption. The significant characteristics of the research design are the, information providing the depth interpretation of the main theoretical assumption (Dr Fisher's casebook. 2010). This interpretation helps to comprehensive analyzing the essential issues of the social world related to the research participants. Another characteristic is the various adaptable as well as non-standardized processes relating to the gen eration of the data, which should be sensible enough in the perspective of the social aspect of the participants. Analysis of the detailed as well as comprehensive information which may be complicated, as it collected, taking into the consideration all the possible, relevant aspect of the research and subjects. Clarification of the emergent category as well as the theoretical assumption, which later develop the opportunities of the concise opportunities as well as the interpretation of the collected relevant data, is very much essential for the proper structure of the research design. Various relevant resultants of a specific research, which may consists of detailed as well as scientific description of the relevant phenomena, are need to be further evaluation, which may came under the research area of the relevant research topic or research question (Fields, 2010). Some writers suggested that various philosophical assumptions as well as theoretical assumption are supported the vario us methodological approaches in order to maintain the gradual consistency in identifying and developing a systematic philosophical point of view as well as correlate the adapted research design with the philosophical aspect. This consistency of developing the philosophical approaches is proved to be very significant in the proper progress of the research design because it helps to produce comparatively more valid as well as valid findings. Various philosophical approaches also have a broader prospectus, as it offer various new ranges of phenomena as well as develop a more strong evidence based research study. Reference: Bao, X., Li, Y. (2012).Reserch for wearable technologies of Fully Grouted Bolt.AMR, 446-449, 1408-1411. doi:10.4028/scientific5/amr.446-449.1408 Baratta, A., Corbi, O. (2010). An Approach to Masonry Structural Analysis by the No-Tension AssumptionPart I: Material Modeling, Theoretical Setup, and Closed Form Solutions. Applied Mechanics Reviews, 63(4), 040802. doi:10.1115/1.4002790 Dez, J. (2015). Counterfactuals, the Discrimination Problem and the Limit Assumption.International Journal Of Philosophical Studies, 23(1), 85-110. doi:10.1080/09672559.2014.952761 Ding, H., Wang, X., Liang, Z., Jia, Q. (2012).Reserch of Dislocation Theory in Micro Cutting.AMR, 482-484, 2033-2036. doi:10.4028/www.scientific.net/amr.482-484.2033 Dong, Z., Wan, X., Li, S., Liu, S. (2011). Reserch on Cutting Depth Effect in Cutting Process.AMM, 128-129, 251-254. doi:10.4028/www.scientific.net/amm.128-129.251 Dr Fisher's casebook.(2010). Significance, 7(2), 71-71. doi:10.1111/j.1740-9713.2010.00422.x Fields, C. (2010). Quantum Darwinism Requires an Extra-Theoretical Assumption of Encoding Redundancy. International Journal Of Theoretical Physics, 49(10), 2523-2527. doi:10.1007/s10773-010-0443-x

Check My Research Paper - Research It

Check My Research Paper - Research ItMost people only take the time to go through a checklist of what they want in a future check or draft, and it is important to research all the options available before selecting the check or draft to get you started. There are several things to think about when researching your option options. Not only will this allow you to get you started on the right foot, but it will also allow you to make sure you get the best value for your money.There are two types of paper checks. First is the shorter term check and the second is the long term check. The short term check gives you less money that can be used for certain purchases for a specific period of time. The longer term check offers a lot more money in the long run for many different uses, like mortgages, car loans, etc.The short term check allows you to have the cash ready, but only until your next paycheck. That is the benefit, because you do not have to wait until your next pay period before you h ave the money to use for some purchases. However, the longer term check will pay for the purchase at the end of the week, even if you did not have to wait until your next pay period. Many people also choose to have the shorter term as a payment option, which means that you do not pay any interest and pay the purchase with one check. You can then give the check to your child's college fund.Make sure you check out all the aspects of each type of check or draft to make sure you know exactly what is required by a potential buyer. This is an important part of your research for check purchasing. Not only will it allow you to get the best price, but it will also help you avoid getting an expensive fee, which can cause problems.A good research paper or check can save you a lot of time in the long run. It is critical to the buying process, that you research all the options available to you. Once you do the research, it will allow you to select a check that meets your needs without too much h assle. Research also will enable you to get a great deal on your desired purchase.You also need to make sure that you know exactly what you are paying for, and exactly what you are buying to satisfy your needs for a specific purchase. You can determine this by getting the best price and item and then comparing the cost to the other options available. There is no reason to buy something if you will not use it for a specific purchase. Also, make sure you do not pay too much for an item if you do not need it for a specific purchase.When you research your options, you need to make sure you get a good price, and the best paper for your budget. There are many free online resources that will provide you with information on the best options for your needs. As you research, you will find that some places are more valuable than others. However, you should be able to choose the best price, regardless of how you purchase it.It is important to get your research done to ensure that you are receiv ing the best deals, and new products available. Make sure you get all the facts, and see which product offers the best value. Research is important for any purchases and most importantly for the check purchasing process.

The Leaked Secrets to Essay Topics on the Power and the Glory Discovered

The Leaked Secrets to Essay Topics on the Power and the Glory Discovered The Basic Facts of Essay Topics on the Power and the Glory So that the reader expects to attend the previous scene near the priest. The scholars tell him that what isn't achieved collectively can't be good and what's not thought by all men cannot be true. This endnote was removed. To begin with, he's an alcoholic. Order Now Use the purchase calculator below and begin! It's doubtful they're justified. In the beginning, it looks like Shaw is a little hesitant but he soon agrees. The Advantages of Essay Topics on the Power and the Glory This essay will talk about the growth of the Roman Empire and its effect on the Western World. Although it might not have been a huge point in history it turned out to be a huge portion of Colonel Shaw's individual life. Beard, however, is that good. For more information on this prospective thesis statement for The Odyssey, take a look at this post. Since they are p laying a bit one-on-one, Don handily stops the youthful player. Determined to create a statement to not merely the college basketball community but society also, Haskins found a means to integrate his team and become a success. Don Haskins, the coach in the movie, provided his squad with various kinds of chances to learn. Before their death, one of Isabella goal was supposed to finish a campaign called the Reconquest. Kris Burke is an independent sportswriter currently living in Wisconsin. PaperCoach will be able to help you with all your papers, so take a look at the moment! In this manner, the development of Rome was insured. After completing these steps, I'll be fully ready to realize my targets. It likes to be distinctive and independent. The absolute most important step is to reduce deforestation in the least levels. The song is quite motivational to the listener and allows you to know that you could achieve anything if you set the effort to try. This is the point where the real brilliance of the film comes into play. The introduction of a mirrored effect between the very first part and the previous part results in the notion of circular pattern in the story. Write an essay comparing the plots of two unique films frequently categorized inside the same genre. Puting is an important part of fiction. The Contents Media art consists of several genres that differ based on the sort of technology used and the sort of presenting that distinct work. A synthesis covering nearly 170 decades of European history is a difficult proposition. Gamers would be glad to know that game development is a type of contemporary media art too, including character design, level design, and sometimes even voice acting. Racial conflicts in addition to conflicts among those of the exact race gave the war an extremely strong foundation. Between the start and the end, we've got an effect of symmetry that's expressed by the look of the very same secondary characters. In this instance, there's utter hostility between both. Its influence may still be noticed. It turned out to be a good atmosphere, good night. It would be sufficient to scare usGod's love. It is inside this ambiguity that the primary charm of the novel lies in. Everything will be well worth it i n the long run. It would have only needed a small self-restraint and a small courage. This is called the immaculate conception. A heavy drinker with lots of vices, he's devoted to his faith. The very first of these was a man referred to as Serbius Tullius.

Use Writing Strategies For Your College Essay Samples

Use Writing Strategies For Your College Essay SamplesIt is always a good idea to get the most out of your college essay samples and be prepared. Whether you are writing about a personal experience or an objective written project, you want to make sure that you have all of the information you need to make it a well-written and informative piece.That means you will need to keep up with practice. Write the same essay using the same writing strategies and techniques over until you feel comfortable enough to change it around. As the writer, you want to make sure you do not only produce quality written work but that the reader can identify with it as well.You should also do some research into different writing styles for your college essay samples. Look at the style of essay samples out there, and see how they differ from each other. The more unique your essay is, the better.Do not feel like you need to get a degree in English to write about these different styles. There are many different kinds of books out there that you can use to learn about the writing styles used in different fields. They can help you develop your own writing skills and create your own unique writing style for your college essay samples.One popular essay example is the opinion essay, which makes it a very easy way to write a popular essay. All you have to do is choose a topic that you are passionate about and write about that topic using that style of essay. This is a style that works extremely well when you want to show the world your expertise on the topic.Another common style that many people think is difficult to write is the historical essay, but it is actually quite simple to write if you know what you are doing. You can choose a particular time period in history and write about the events of that time period. Remember, even the most unique style is still an essay, so be sure to write an essay that will be read and remembered by others.There are some college essay samples that may seem to o complicated or technical for most people. There are some ways to get past this and still be able to write an effective essay. You just need to remember that there are still several easy and effective ways to do this and still achieve success.You can write your own style, using your own style and experience. This can be very beneficial to you, because you can get a lot of personal information out of the piece you write. It is a good thing to be able to get all of your ideas out on paper so that you can use them in a variety of other forms of literature as well.