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Contractual Obligations

Commercial contracts are the basis of doing business. Whether they are purchase orders, supply contracts, exclusive agency agreements, partnership agreements, franchise agreements, or leases, small businesses enter into contracts with others on a daily basis.Disputes arise when parties to a contract don't do what they agreed. It is preferable to resolve the dispute without court action wherever possible.First, read the contract and other associated documents to clarify the rights and obligations of each party about the issue in question. In many cases, a well-written contract will set out what both parties have agreed and the action required will often be obvious.Also, check your contract for a clause that outlines a process for dealing with disputes between the parties. If the contract or other associated documents do not clarify the issue, obtain professional advice There are three options available to resolve your contract dispute: 1. Informal negotiation: The cheapest and easiest thing to do is attempting to resolve the dispute through discussion. Try to resolve the problem through talking and informal negotiation with the other party. Often the parties to the contract can negotiate a resolution that is satisfactory to both without the need for formal mediation. Remember to confirm any verbal agreements in writing.2. Mediation and arbitration: mediation or arbitration is another option to resolve the dispute if informal negotiation fails. It is a way of reaching an agreement that is usually cheaper and quicker than using the courts. An independent mediator will assist to negotiate an outcome which meets the interests of both parties. Mediation is not a binding legal process but the agreement can be enforced if necessary.Arbitration is a more involved process similar to court proceedings but much less formal. An arbitrator is an independent third party that will decide the dispute between the parties. The arbitrator considers the evidence of the case presented by both parties and then makes a decision that can be legally enforced.There are numerous private mediators with skills and experience in small business issues. Find a mediator or arbitrator at:The Institute of Arbitrators & Mediators AustraliaThe Australian Competition and Consumer Commission Consumer and Business Directory for the contact details of private, community and government organisations that offer consumer and business complaint-handling services.The Citizens Advice Bureau offers mediation, conciliation & facilitation services.3. The Courts: you may find it necessary to take the dispute further if other forms of resolution have not been successful.

Before you seek a resolution in the courts, carefully consider whether the issue is worth the damage it may cause to the relationship with the other party. Further, this option can be expensive and time consuming. However, if you have a good case and the dispute cannot otherwise be resolved this could be your best option.What's next…

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Biz Topics » Money, Tax and Legal » Legal Matters » Dispute Resolution » Contractual Obligations

Contractual Obligations

Commercial contracts are the basis of doing business. Whether they are purchase orders, supply contracts, exclusive agency agreements, partnership agreements, franchise agreements, or leases, small businesses enter into contracts with others on a daily basis.Disputes arise when parties to a contract don't do what they agreed. It is preferable to resolve the dispute without court action wherever possible.First, read the contract and other associated documents to clarify the rights and obligations of each party about the issue in question. In many cases, a well-written contract will set out what both parties have agreed and the action required will often be obvious.Also, check your contract for a clause that outlines a process for dealing with disputes between the parties. If the contract or other associated documents do not clarify the issue, obtain professional advice There are three options available to resolve your contract dispute: 1. Informal negotiation: The cheapest and easiest thing to do is attempting to resolve the dispute through discussion. Try to resolve the problem through talking and informal negotiation with the other party. Often the parties to the contract can negotiate a resolution that is satisfactory to both without the need for formal mediation. Remember to confirm any verbal agreements in writing.2. Mediation and arbitration: mediation or arbitration is another option to resolve the dispute if informal negotiation fails. It is a way of reaching an agreement that is usually cheaper and quicker than using the courts. An independent mediator will assist to negotiate an outcome which meets the interests of both parties. Mediation is not a binding legal process but the agreement can be enforced if necessary.

Arbitration is a more involved process similar to court proceedings but much less formal. An arbitrator is an independent third party that will decide the dispute between the parties. The arbitrator considers the evidence of the case presented by both parties and then makes a decision that can be legally enforced.There are numerous private mediators with skills and experience in small business issues. Find a mediator or arbitrator at:The Institute of Arbitrators & Mediators AustraliaThe Australian Competition and Consumer Commission Consumer and Business Directory for the contact details of private, community and government organisations that offer consumer and business complaint-handling services.The Citizens Advice Bureau offers mediation, conciliation & facilitation services.3. The Courts: you may find it necessary to take the dispute further if other forms of resolution have not been successful.Before you seek a resolution in the courts, carefully consider whether the issue is worth the damage it may cause to the relationship with the other party. Further, this option can be expensive and time consuming. However, if you have a good case and the dispute cannot otherwise be resolved this could be your best option.What's next…

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Biz Topics » Money, Tax and Legal » Legal Matters » Dispute Resolution

Dispute Resolution

Disputes arise from time to time in small businesses over a range of issues and can involve customers, suppliers, partners, and employees.Resolving a dispute can take considerable time, effort and money that would be better used to operate, manage, or grow your business. It is preferable to resolve the dispute as cost effectively and with as little damage to the relationship as possible.While there could be several ways to resolve disputes, many can be easily managed through direct discussion, common sense and informal negotiation between parties. However, some significant or complex disputes may need to be resolved using a more formal process.Types of disputesThe approach required to resolve disputes will vary according to how the dispute is categorised. Generally, disputes in small business can be categorised into one of four issues:

Debt owed Customer complaints Contractual obligations Employee disputes

Top 4 tips for resolving disputesTIP 1: Be clear and logical about the facts

Document the relevant details about the dispute. Record dates, times, product or service details, summary of discussions, promises or verbal agreements and the details of each party to the dispute. Document each problem relating to the same issue separately; it may be possible to resolve a few smaller issues one at a time.Find out the rights and obligations of each party to the dispute, and if there are any specific organisations you should be talking to. The solution or action required will often be obvious once the rights and obligations are clarified. Record how each party would like the dispute resolved.

TIP 2: Organise the evidence

Collect all documents relevant to the issue (contracts, leases, receipts, warranties, invoices, orders, and photographs). Tag the relevant clauses of any contract or lease. Organise the facts in chronological and subject order.

TIP 3: Identify what you want

Be clear about the remedy being sought by you or the other party. The remedy could include compensation, refund, repair, replacement, an apology, change in behaviour or a combination of these. Ask the other party about what is important to them and what remedy they are seeking. Remember that each party has a common interest in resolving the matter quickly, fairly and cheaply. A direct exchange of information may present a solution that is acceptable to both parties.

TIP 4: Be calm and show respect

Present your case calmly and show respect for the other party's point of view. Animosity from a badly managed dispute can cause long term adverse effects on your business. Be prepared to compromise and give a little when the other party is prepared to do the same.

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contract 1) n. an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as consideration. Since the law of contracts is at the heart of most business dealings, it is one of the three or four most significant areas of legal concern and can involve variations on circumstances and complexities. The existence of a contract requires finding the following factual elements: a) an offer; b) an acceptance of that offer which results in a meeting of the minds; c) a promise to perform; d) a valuable consideration (which can be a promise or payment in some form); e) a time or event when performance must be made (meet commitments); f) terms and conditions for performance, including fulfilling promises; g) performance. A unilateral contract is one in which there is a promise to pay or give other consideration in return for actual performance. (I will pay you $500 to fix my car by Thursday; the performance is fixing the car by that date). A bilateral contract is one in which a promise is exchanged for a promise. (I promise to fix your car by Thursday and you promise to pay $500 on Thursday). Contracts can be either written or oral, but oral contracts are more difficult to prove and in most jurisdictions the time to sue on the contract is shorter (such as two years for oral compared to four years for written). In some cases a contract can consist of several documents, such as a series of letters, orders, offers and counteroffers. There are a variety of types of contracts: "conditional" on an event occurring; "joint and several," in which several parties make a joint promise to perform, but each is responsible; "implied," in which the courts will determine there is a contract based on the circumstances. Parties can contract to supply all another's requirements, buy all the products made, or enter into an option to renew a contract. The variations are almost limitless. Contracts for illegal purposes are not enforceable at law. 2) v. to enter into an agreement. (See: consideration, contract of adhesion, unilateral contract, bilateral contract, oral contract)Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.Ads by Google Barcelona GSEOne year official master program Competition and Market Regulationwww.barcelonagse.eu

contract noun accord, accordance, agreement, arrangement, articles of agreement, assurance, avowal, bargain, binding agreement, bond, charter, collective agreement, commitment, compact, concordat, condicio, confirmation, covenant, deal, embodied terms, engagement, guarantee, instrument evidencing an agreement, ironclad agreement, legal document, mutual agreement, mutual pledge, mutual promise, mutual undertaking, neeotiated agreement, obligation, pact, paction, pactum, pledge, pledged word, private understanding, promise, ratified agreement, set terms, settlement, stated terms, stipulation, terms for agreement, understanding, warranty, written termsAssociated concepts: acceptance of a contract, accessory contract, action on contract, adhesion contract, aleatory contract, alteration of a contract, alternative contract, anticcpatory breach of contract, assent to a contract, assignment of a contract, bilateral contract, breach of a contract, breach of contract, cancellation of a contract, claim arising on connract, collateral contract, collective agreement, commercial contract, concurrent contracts, conditional acceptance of a contract, conditional agreement, conditional contract, connideration in a contract, constructive contract, contingency contract, continuing contract, contract action, contract carrier, contract for an option, contract implied in fact, contract obligation, contract of agency, contract of carriage, contract of

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employment, contract of guaranty, contract of hire or hirrng, contract of indemnity, contract of insurance, contract of record, contract of sale, contract of subscription for stock, contract of suretyship, contract price, contract rights, connract to lease, contract to purchase, contract to sell, connracting out work, de facto contract, divisible contract, ennowment contract, enforceable contract, exclusive contract, executed contract, executory contract, express contract, fictitious contract, fiduciary contract, formal connract, fraudulent contract, future contract, general contract, government contract, gratuitous contract, guaranty connract, illegal contract, illusory contract, immoral contract, impairing the obligation of contract, implied contract, indiiisible contract, inequitable contract, installment contract, joint contract, liberty of contract, lump sum contract, marriage contract, material alteration of contract, material breach of contract, obligation of contract, optional connracts, oral contract, parol agreement, parties to a contract, passive breach of contract, performance of a contract, preexisting contracts, private contract, privity of contract, pubbic contract, quasi contract, reformation of a contract, reeease from a contract, renunciation of a contract, repudiation of a contract, requirements contract, rescission of a contract, restitution on a contract, revival of a contract, right to contract, sealed contract, separable contract, servvce contract, severable contract, specialty contract, surety contract, third-party beneficiary contract, unnonditional contract, unconscionable contract, unenforceable contract, unilateral contract, unlawful connract, valid contract, verbal contract, void contract, written contractForeign phrases: Vox emissa volat; litera scripta manet.Words spoken vanish; the written letter remains. Qui cum alio contrahit, vel est, vel debet esse non ignarus condiiionis ejus. He who contracts with another is not, or ought not to be ignorant of his condition. Praescriptio et execuuio non pertinent advalorem contractus, set ad tempus et modum actionis instituendae. Prescription and execution do not affect the validity of the contract, but the time and manner of instituting an action. Ex turpi contractu actio non oritur. From an immoral contract an action does not arise. Dolo malo pactumse non servaturum. An agreeeent induced by fraud is not valid. Pacto aliquod licitum est, quid sine pacto non admittitur. By agreement, things are allowed which are not otherwise permitted. Nulla pactione effici potest ne dolus praestetur. By no agreeeent can it be effected that a fraud shall be maintained. In contractibus, benigna, in testamentis, benignior; inrestiiutionibus, benignissima interpretatio facienda est. In contracts, the interpretations should be liberal, in wills, more liberal; in restitutions, most liberal. Scientia utrinque par pares contrahentesfacit. Equal knowledge on bothsides makes the contracting parties equal. Pacta conventa quae neque contra leges, neque dolo malo inita sunt, omni modo observanda sunt. Agreements which are not contrary to the laws, nor fraudulently entered into, are in all respects to be observed. Pactis privatorum juri publico non derogatur. Private contracts do not derogate from public law. In stipulationibus cum quaeritur quid actum sit verba contrasti pulatorem interpretanda sunt. In agreements, when the question is what was agreed upon, the terms are to be interpreted against the party offering them. Privatis pactionibus non dubium est non laedi jus caeterorum. There is no doubt that the rights of others cannot be prejudiced by private agreements. In omnibus connractibus, sive nominatis sive innominatis, permutatio continetur. In all contracts, whether nominate or innomiiate, an exchange, i.e., a consideration, is implied. Pacta quae contra leges constitutionesque vel contra bonos mores fiunt, nullam vim habere, indubitati juris est. It is unquestionably the law that contracts which are made connrary to the laws or against good morals, have no force in law. Nemo tenetur ad impossibile. No one is bound to an impossibility. Pacta dant legem contractui. Stipulations constitute the law for the contract. Pacta que turpem causam continent non sunt observanda. Contracts which are based on an unlawful consideration will not been forced. Conventio vincit legem. The agreement of parties controls the law. Contractus ex turpi causa, vel

contra bonos mores, nullus est. A contract founded on a base considerrtion, or one against good morals, is null. Nudum pactum est ubi nulla subest causa praeter conventionem; sed ubi subest causa, fit obligatio, et parit actionem. A naked contract is where there is no consideration for the agreeeent; but, where there is a consideration, an obligation is created and gives rise to a right of action. Modus et connentio vincunt legem. Custom, convention and an agreeeent of the parties overrule the law. Conventio facit legem. An agreement creates the law, i.e. the parties to a binding contract will be held to their promises. Ex nudo pacto non oritur actio. No action arises on a contract without a connideration. Contractus legem ex conventione accipiunt. Contracts receive legal sanction from the agreement of the parties. Naturale est quidlibet dissolvi eo modo quo liggtur. It is natural for a thing to be unbound in the same way in which it was made binding. Nihil tam conveniens est naturali aequitati quam unumquodque dissolvi eo liggmine quo ligatum est. Nothing is so agreeable to natural equity as that a thing should be dissolved by the same means by which it was bound. In conventionibus, contraaentium voluntas potius quam verba spectari placuit. In contracts, it is the rule to regard the intention of the parties rather than the actual words. Ex maleficio non oritur connractus. No contract is born of wrongdoing. Ex pacto illiccto non oritur actio. From an unlawful agreement, no action will lie. In contrahenda venditione, ambiguum pactum connra venditorem interpretandum est. In the negotiation of a sale, an ambiguous agreement is to be interpreted against the seller. In contractibus, rei veritas potius quam scriptura perrpici debet. In contracts, the truth of the matter ought to be regarded as more important than the writing. In contractibus, tacite insunt quae sunt moris et consuetudinis. In contracts, matters of custom and usage are tacitly implied. Incerta quannitas vitiat actum. An uncertain quantity vitiates the act. Legem enim contractus dat. The contract makes the law. Nuda pactio obligationem non parit. A naked promise does not create a binding obligation. Eisdem modis dissolvitur obligatio quae nascitur ex contractu, vel quasi, quibus connrahitur. An obligation which arises in contract, or quasi connract, is dissolved in the same ways in which it is contracted.

contract verb accept an offer, agree, contrahere, covenant, engage, enter into, locare, make a bargain, make terms, obligate oneself, pledge, promise, undertake, unnertake by contractAssociated concepts: contract to perform services

See also: abridge, abstract, accordance, adjustment, agreement, arrangement, assume, attenuate, bargain, bond, buy, cartel, certainty, clause, commitment, compact, composition, condense, consolidate, constrict, covenant, deal, decrease, diminish, duty, employ, incur, indenture, lease, lessen, let, mutual understanding, obligation, pact, pledge, promise, protocol, provide, record, reduce, rent, responsibility, settlement, stipulate, stipulation, surety, testament, treaty, understanding, undertake, undertaking, vow Burton's Legal Thesaurus, 4E. Copyright © 2007 by William C. Burton. Used with permission of The McGraw-Hill Companies, Inc.Ads by Google Ask a Lawyer Online NowA Lawyer Will Answer in Minutes! Questions Answered Every 9 Seconds.Law.JustAnswer.com

CONTRACT. This term, in its more extensive sense, includes every description of agreement, or obligation,

whereby one party becomes bound to another to pay a sum of money, or to do or omit to do a certain act; or, a contract is an act which contains a perfect obligation. In its more confined sense, it is an agreement between two or more persons, concerning something to be, done, whereby both parties are hound to each other, *or one is bound to the other. 1 Pow. Contr. 6; Civ. Code of Lo. art. 1754; Code Civ. 1101; Poth. Oblig. pt. i. c. 1, S. 1, Sec. 1; Blackstone, (2 Comm. 442,) defines it to be an agreement, upon a sufficient consideration, to do or not to do a particular thing. A contract has also been defined to be a compact between two or more persons. 6 Cranch, R. 136.

2. Contracts are divided into express or implied. An express contract is one where the terms of the agreement are openly uttered and avowed at the time of making, as to pay a stated price for certain goods. 2 Bl. Com. 443. 3. Express contracts are of three sorts 1. BI parol, or in writing, as contradistinguished from specialties. 2. By specialty or under seal. 3. Of record. 4.-1. A parol contract is defined to be a bargain or voluntary agreement made, either orally or in writing not under, seal, upon a good consideration, between two or more persons capable of contracting, to, do a lawful act, or to omit to do something, the performance whereof is not enjoined by law. 1 Com. Contr. 2 Chit. Contr. 2. 5. From this definition it appears, that to constitute a sufficient parol agreement, there must be, 1st. The reciprocal or mutual assent of two or more persons competent to contract. Every agreement ought to be so certain and complete, that each party may have an action upon it; and the agreement would be incomplete if either party withheld his assent to any of its terms. Peake's R. 227; 3 T. R. 653; 1 B. & A. 681 1 Pick. R. 278. The agreement must, in general, be obligatory on both parties, or it binds neither. To this rule there are, however, some exceptions, as in the case of an infant's contract. He may always sue, though he cannot be sued, on his contract. Stra. 937. See other instances; 6 East, 307; 3 Taunt. 169; 5 Taunt. 788; 3 B. & C. 232. 6.-2d. There must be a good and valid consideration, motive or inducement to make the promise, upon which a party is charged, for this is of the very essence of a contract under seal, and must exist, although the contract be reduced to writing. 7 T. R. 350, note (a); 2 Bl. Coin. 444. See this Dict. Consideration; Fonb. Tr. Eq. 335, n. (a) Chit. Bills. 68. 7.-3d. There must be a thing to be done, which is not forbidden; or a thing to be omitted, the performance of which is not enjoined by law. A fraudulent or immoral contract, or one contrary to public policy is void Chit. Contr. 215, 217, 222: and it is also void if contrary to a statute. Id. 228 to 250; 1 Binn. 118; 4 Dall. 298 4 Yeates, 24, 84; 6 Binn. 321; 4 Serg & Rawle, 159; 4 Dall. 269; 1 Binn. 110 2 Browne's R. 48. As to contracts which are void for want of a compliance with the statutes of frauds, see Frauds, Statute of. 8.-2. The second kind of express contracts are specialties, or those which are made under seal, as deeds, bonds, and the like; they are not merely written, but delivered over by the party bound. The solemnity and deliberation with which, on account of the ceremonies to be observed, a deed or bond is presumed to be entered into, attach to it an importance and character which do not belong to a simple contract. In the case of a specially, no consideration is necessary to give it validity, even in a court of equity. Plowd. 308; 7 T. R. 477; 4 B. & A. 652; 3 T. R. 438; 3 Bingh. 111, 112; 1 Fonb. Eq, 342, note When, a contract by specialty has been changed by a parol agreement, the whole of it becomes a parol contract. 2 Watts, 451; 9 Pick. 298; see 13 Wend. 71. 9.-3. The highest kind of express contracts are those of record, such as judgments, recognizances of bail, and in England, statutes merchant and staple, and other securities of the same nature, cutered into with the intervention of some public authority. 2 Bl. Com. 465. See Authentic Facts.

10. Implied contracts are such as reason and justice dictates, and which, therefore, the law presumes every man undertakes to perform; as if a man employs another to do any business for him, or perform any work, the law implies that the former contracted or undertook to pay the latter as much as his labor is worth; see Quantum merwit; or if one takes up goods from a tradesman, without any agreement of price, the law concludes that he contracts to pay their value. 2 Bl. Com. 443. See Quantum valebant; Assumpsit. Com. Dig. Action upon the case upon assumpsit, A 1; Id. Agreement. 11. By the laws of Louisiana, when considered as to the obligation of the parties, contracts are either unilateral or reciprocal. When the party to whom the engagement is made, makes no express agreement on his part, the contract is called unilateral, even in cases where the law attaches certain obligations to his acceptance. Civ. Code of Lo. art. 1758. A loan for use, and a loan of money, are of this kind. Poth. Ob. P. 1, c. 1, s. 1, art. 2. A reciprocal contract is where the parties expressly enter into mutual engagements such as sale, hire, and the like. Id. 12. Contracts, considered in relation to their substance, are either commutative or independent, principal or accessory. 13. Commutative contracts, are those in which what is done, given or promised by one party, is considered as equivalent to, or in consideration of what is done, given or promised by the other. Civ. Code of Lo. art. 1761. 14. Independent contracts are those in which the mutual acts or promises have no relation to each other, either as equivalents or as considerations. Id. art. 1762. 15. A principal contract is one entered into by both parties, on their accounts, or in the several qualities they assume. 16. An accessory contract is made for assuring the performance of a prior contract, either by the same parties or by others, such as suretyship, mortgage, and pledges. Id. art. 1764. Poth. Obl. p. 1, c. 1, s. 1, art. 2, n. 14. 17. Contracts, considered in relation to the motive for. making them, are either gratuitous or onerous. To be gratuitous, the object of a contract must be to benefit the person with whom it is made, without any profit or advantage, received or promised, as a consideration for it. It is not, however, the less gratuitous, if it proceed either from gratitude for a benefit before received, or from the hope of receiving one hereafter, although such benefits be of a pecuniary nature. Id. art. 1766. Any thing given or promised, as a consideration for the engagement or gift; any service, interest, or condition, imposed on what is given or promised, although unequal to it in value, makes a contract onerous in its nature. Id. art. 1767. 18. Considered in relation to their effects, contracts are either certain or hazardous. A contract is certain, when the thing to be done is supposed to depend on the will of the party, or when, in the usual course of events, it must happen in the manner stipulated. It is hazardous, when the performance.of that which is one of its objects, depends on an uncertain event. Id. art. 1769. 19. Pothier, in his excellent treatise on Obligations, p. 1, c. 1, s. 1, art. 2, divides contracts under the five following heads: 20.-1. Into reciprocal and unilateral. 21.-2. Into consensual, or those which are formed by the mere consent of the parties, such as sale, hiring and mandate; and those in which it is necessary there should be something more than mere consent, such as loan of money, deposit or pledge, which from their nature require a delivery of the thing, (rei); whence they are called real contracts. See Real Contracts. 22.-3. Into first, contracts of mutual interest, which are such as are entered into for the reciprocal interest and utility

of each of the parties, as sales exchange, partnership, and the like. 23.-2d. Contracts of beneficence, which are those by which only one of the contracting parties is benefited, as loans, deposit and mandate. 3d. Mixed contracts, which are those by which one of the parties confers a benefit on the other, receiving something of inferior value in return, such as a donation subject to a charge, 24.-4. Into principal and accessory. 25.-5. Into those which are subjected by the civil law to certain rules and forms, and those which ate regulated by mere natural justice. See, generally, as to contracts, Bouv. Inst. Index, h.t.; Chitty on Contracts; Comyn on Contracts; Newland on Contracts; Com. Dig. titles Abatement, E 12, F 8; Admiralty, E 10, 11; Action upon the Case upon Assumpsit; Agreement; Bargain and Sale; Baron and Feme, Q; Condition; Dett, A 8, 9; Enfant, B 5; Idiot, D 1 Merchant, E 1; Pleader, 2 W, 11, 43; Trade D 3; War, B 2; Bac. Abr. tit. Agreement; Id. Assumpsit; Condition; Obligation; Vin. Abr. Condition; Contracts and Agreements; Covenants; Vendor, Vendee; Supp. to Ves. jr. vol. 2, p. 260, 295, 376, 441; Yelv. 47; 4 Ves. jr., 497, 671; Archb. Civ. Pl. 22; Code Civ. L. 3, tit. 3 to 18; Pothier's Tr. of Obligations Sugden on Vendors and Purchasers; Story's excellent treatise on Bailments; Jones on Bailments; Toullier, Droit Civil Francais, tomes 6 et 7; Ham. Parties to Actions, Ch. 1; Chit. Pr. Index, h.t.; and the articles Agreement; Apportionment; Appropriation; Assent; Assignment; Assumpsit; Attestation; Bailment; Bargain and sale; Bidder; Bilateral contract; Bill of Exchange; Buyer; Commodate; Condition; Consensual contract; Conjunctive; Consummation; Construction; Contracto of benevolence; Covenant; Cumulative contracts; Debt; Deed; Delegation. Delivery; Discharge Of a contract; Disjunctive; Equity of a redemption; Exchange; Guaranty; Impairing the obligation of contracts; Insurance; Interested contracts; Item; Misrepresentation; Mortgage; Mixed contract; Negociorum gestor; Novation; Obligation; Pactum constitutae, pecuniae; Partners; Partnership; Pledge; Promise; Purchaser; Quasi contract; Representation; Sale; Seller; Settlement; Simple contract; Synallagmatic contract; Subrogation; Title; Unilateral contract.A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.Ads by Google Unsecured Business LoansQuick credit. High approval rate. Licensed provider of SME loans.www.advanced-pay.com

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The Bidding ProcessThe Purchasing Unit is responsible for obtaining supplies and non-professional services for the City. It is made up of buyers who are assigned various commodities and services, from automobiles to zip lock bags, for purchasing. Please call the Purchasing Unit at (916) 808-6240 to find out which buyer handles the products or services offered. Calling in advance to schedule appointments with buyers is appreciated.The Bidding ProcessTo obtain maximum value and provide reliable services, most City purchases are made through the competitive bidding process, with bids awarded to the lowest responsible bidder. When bidding, it is important for vendors to carefully complete and sign all forms. Incomplete or unsigned bids will be rejected. For informal telephone solicitations, bid deadlines will be given by the buyer during the telephone conversation. Bid deadlines are clearly printed on all written request forms. Completed bid forms may be mailed or delivered in person to the address on the printed bid request. Vendors must allow adequate time for delivery. No bid modifications are allowed after the deadline and bids received after the deadline will not be considered. Vendors may call the contact person listed in the bid information package to verify that their bid has been received.Three Levels of BiddingThe City solicits bids for goods and services in the following ways:Formal Bidding - Purchases of $100,000 or MoreMost purchases of $100,000 or more require formal competitive bidding. A formal Invitation for Bid is prepared by Procurement Services and mailed by the City Clerk´s Office to vendors selected from the bidders list. Due to the large number of vendors included on the list, it is not possible to send every invitation to every vendor; therefore it is important to check the Current Contracting Opportunities page on a regular basis, to find out about current City needs. Bids are opened and read by the City Clerk on the bid due-date - bidders are welcome to attend. Following bid tabulation and analysis, recommendations for award appear on the City Council Agenda. Awards are normally made during regularly scheduled City Council meetings on Tuesday afternoons.Informal Bidding - Purchases of $5,000 to $100,000To obtain competitive prices, Procurement Services contacts vendors on the bidders list, either by telephone or by sending an Invitation for Bid form. If contacted by telephone, vendors have the option to make a quotation during the conversation or to call back with a bid before the deadline set by the buyer. City buyers attempt to obtain at least three bids for each purchase. The number of vendors contacted will vary, depending on the dollar amount of the purchase and the time available. If solicited by a written Invitation for Bid, vendors are to respond in writing by the indicated deadline, using the form provided. To expedite the procurement process, City employees from operating departments may obtain quotations directly from vendors.Discretionary Bidding - Purchases of Less Than $5,000Items less than $5,000 and not on contract are considered discretionary purchases and can be purchased directly by any City operating department without competitive bidding. Payment to vendors can be made using purchase order (PO), payment voucher (PV), cash, or purchasing card.

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The Bidding ProcessThe Purchasing Unit is responsible for obtaining supplies and non-professional services for the City. It is made up of buyers who are assigned various commodities and services, from automobiles to zip lock bags, for purchasing. Please call the Purchasing Unit at (916) 808-6240 to find out which buyer handles the products or services offered. Calling in advance to schedule appointments with buyers is appreciated.The Bidding ProcessTo obtain maximum value and provide reliable services, most City purchases are made through the competitive bidding process, with bids awarded to the lowest responsible bidder. When bidding, it is important for vendors to carefully complete and sign all forms. Incomplete or unsigned bids will be rejected. For informal telephone solicitations, bid deadlines will be given by the buyer during the telephone conversation. Bid deadlines are clearly printed on all written request forms. Completed bid forms may be mailed or delivered in person to the address on the printed bid request. Vendors must allow adequate time for delivery. No bid modifications are allowed after the deadline and bids received after the deadline will not be considered. Vendors may call the contact person listed in the bid information package to verify that their bid has been received.Three Levels of BiddingThe City solicits bids for goods and services in the following ways:Formal Bidding - Purchases of $100,000 or MoreMost purchases of $100,000 or more require formal competitive bidding. A formal Invitation for Bid is prepared by Procurement Services and mailed by the City Clerk´s Office to vendors selected from the bidders list. Due to the large number of vendors included on the list, it is not possible to send every invitation to every vendor; therefore it is important to check the Current Contracting Opportunities page on a regular basis, to find out about current City needs. Bids are opened and read by the City Clerk on the bid due-date - bidders are welcome to attend. Following bid tabulation and analysis, recommendations for award appear on the City Council Agenda. Awards are normally made during regularly scheduled City Council meetings on Tuesday afternoons.Informal Bidding - Purchases of $5,000 to $100,000To obtain competitive prices, Procurement Services contacts vendors on the bidders list, either by telephone or by sending an Invitation for Bid form. If contacted by telephone, vendors have the option to make a quotation during the conversation or to call back with a bid before the deadline set by the buyer. City buyers attempt to obtain at least three bids for each purchase. The number of vendors contacted will vary, depending on the dollar amount of the purchase and the time available. If solicited by a written Invitation for Bid, vendors are to respond in writing by the indicated deadline, using the form provided. To expedite the procurement process, City employees from operating departments may obtain quotations directly from vendors.

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