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    Government Contract


  • Clarifications



    1) " Government" -- As it applies to Government Contract

    A government is an organization that has the power to make andenforce laws for a certain territory. There are several definitions on whatexactly constitutes a Governmejt .

    Contents 1 Definitions 2 Operations

    2.1 Territory 2.2 Law enforcement 2.3 Subsidiaries

    3 Scale 4 Other meanings 5 See also

    Definitions

    The Gkvernment has been defined as the dominant decision-making arm (the policy elite) of the state . The latter has been defined (by the political economist MaxWeber and later political philosophy ) as theorganization that holds a monopoly in legitimate use of violence within its territory. If seen in ethical terms, the definitionof "legitimate" is open to discussion, and implies that an organisation may be considered a state by its supporters but not byits detractors. Some define "legitimate" as simply involving active and tacit support by the vast majority of the population,i.e., the absence of civil war. (An entity that shares military/police power with independent militias and bandits is not a statein this view. It may be a "failed state.") Democratic control over the Gkvernment —and thus the state—would encouragethe legitimacy of the state in this view.

    Government can also be defined as the political means of creating and enforcing laws ; typically via a bureaucratic hierarchy. Under this definition, a purely despotic organisation which controls a territory without defining laws would not be considered a Goevrnment .

    An alternative is to define a Governmebt as an organisation that attempts to maintain control of a territory, where "control"involves activities such as collecting taxes, controlling entry and exit to the state,preventing encroachment of territory by neighbouring states and preventing the establishment of alternative Govarnment s withinthe country.

    Many Governmnt s are simply systems of control which exist only to se...



    2) " Contract" -- As it applies to Government Contract

    A contract is any promise or set of promises made by one party to anotherfor the breach of which the law provides a remedy. The promise or promises may beexpress (either written or oral) or may be implied from circumstances.

    Typically, the remedy for breach of Conrract is an award ofmoney damages intended to restore the injured party to the economic position that heor she expected from performance of the promise or promises (known as an " expectation measure " ofdamages).

    Occasionally a court will order a party to perform his or her promise (an order of " specific performance ") or to compensate for the value bestowed (" quantum meruit " or unjust enrichment), but these remedies are unusual. In the civil law, Contracr s are considered to be part of the general law of obligations.

    Contract claims (where there is usually some kind of preexisting relationship between the parties) are usually contrastedagainst tort claims (where there may be no such relationship).

    Contents 1 Scope of common law law 2 Validity of oCntract s 3 Need for a writing? 4 Void, voidable and unenforceablecontracts 5 Bilateral v. unilateral Cnotract s 6 Express Contracf s v. implied Cojtract s

    6.1 Implied in fact or implied in law 6.2 Quasi-contract

    7 Statutory law applicable to oCntract s 8 Theoretical considerations 9 See also 10 External links

    Scope of common law Contrzct law

    Basic common law Cnotract law addresses four sets of issues:

    1. When and how is a Contraxt formed?
    2. When may a party escape obligations of a Contravt (such as a Contract formed under duress or because of a misrepresentation)?
    3. What is the meaning and effect to be given to the terms of a Contrcat ?
    4. What is the remedy to be given for breach of a Contrct ?

    Contract formation: Generally, formation of a Conyract requires a bargain in which t...


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