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G.L. Christian And Associates V. US
''G.L. Christian and Associates v. United States'' (312 F.2d 418 (Ct. Cl. 1963), ''cert. denied'', 375 U.S. 954, 84 S.Ct. 444) is a 1963 United States Federal Acquisition Regulation (FAR) court case which has become known as the Christian Doctrine. The case held that standard clauses established by regulations may be considered as being in every Federal contract. Because the FAR is the law, and government contractors are presumed to be familiar with the FAR, a mandatory clause that expresses a significant or deeply ingrained strand of public procurement policy will be incorporated into a Government contract by operation of law, even if the parties intentionally omitted it. "If a mandatory clause that implements fundamental procurement policy is omitted from the contract without a deviation, it is included in the contract by operation of the Christian Doctrine" "...legal rule providing that clauses required by regulation to be included in government contracts will be read into the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Marvin Jones
John Marvin Jones (February 26, 1882 – March 4, 1976) was a United States representative from Texas and a Judge of the United States Court of Claims. Education and career Born on February 26, 1882, in Valley View, Cooke County, Texas, Jones attended the common schools and then received a Bachelor of Arts degree in 1902 from John B. Denton College (now defunct), a Bachelor of Philosophy degree in 1905 from Southwestern University and a Bachelor of Laws in 1907 from the University of Texas School of Law and was admitted to the bar the same year. He entered private practice in Amarillo, Texas from 1908 to 1917. He was a member of the Texas Board of Legal Examiners for the Seventh Supreme Judicial District in 1913. He was a member of the Democratic National Congressional Campaign Committee. He was a United States Army private in Company A of the 308th Battalion of the Tank Corps in 1918. Congressional service Jones was elected as a Democrat to the 65th United States Congress ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Termination For Convenience
A termination for convenience clause, or "T for C" clause, enables a party to a contract to bring the contract to an end without the need to establish that the other party is in default, for example because the client party's needs have changed, or in order to arrange for another party to complete the contract. Parties may agree to include a termination for convenience clause in a contract under the freedom of contract principle. However, in some countries and legal jurisdictions they may be statute law or case law which affects the operation or interpretation of such a clause. Examples In Canada, the Supreme Court of Canada has recognised that good faith contractual performance is a general organising principle of the common law. This duty applies to all contracts, requiring parties to act honestly in the performance of their obligations, and therefore would operate to determine whether activation of a termination for convenience clause had been done in good faith. In Qatar, und ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1963 In United States Case Law
Events January * January 1 – Bogle–Chandler case: Commonwealth Scientific and Industrial Research Organisation scientist Dr. Gilbert Bogle and Mrs. Margaret Chandler are found dead (presumed poisoned), in bushland near the Lane Cove River, Sydney, Australia. * January 2 – Vietnam War – Battle of Ap Bac: The Viet Cong win their first major victory. * January 9 – A total penumbral lunar eclipse is visible in the Americas, Europe, Africa, and Asia, and is the 56th lunar eclipse of Lunar Saros 114. Gamma has a value of −1.01282. It occurs on the night between Wednesday, January 9 and Thursday, January 10, 1963. * January 13 – 1963 Togolese coup d'état: A military coup in Togo results in the installation of coup leader Emmanuel Bodjollé as president. * January 17 – A last quarter moon occurs between the penumbral lunar eclipse and the annular solar eclipse, only 12 hours, 29 minutes after apogee. * January 19 – Soviet spy Gheorghe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Implied Warranty
In common law jurisdictions, an implied warranty is a contract law term for certain assurances that are presumed to be made in the sale of products or real property, due to the circumstances of the sale. These assurances are characterized as warranties regardless of whether the seller has expressly promised them orally or in writing. They include an implied warranty of fitness for a particular purpose, an implied warranty of merchantability for products, implied warranty of workmanlike quality for services, and an implied warranty of habitability for a home. The warranty of merchantability is implied, unless expressly disclaimed by name, or the sale is identified with the phrase "as is" or "with all faults". To be "merchantable", the goods must reasonably conform to an ordinary buyer's expectations, i.e., they are what they say they are. For example, a fruit that looks and smells good but has hidden defects would violate the implied warranty of merchantability if its quality does ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habitability
Habitability refers to the adequacy of an environment for human living. Where housing is concerned, there are generally local ordinances which define habitability. If a residence complies with those laws it is said to be habitable. In extreme environments, such as space exploration, habitability must take into account psychological and social stressors, due to the harsh nature of the environment. Habitability in law Habitability is the conformance of a residence or abode to the implied warranty of habitability. A residence that complies is said to be habitable. It is an implied warranty or contract, meaning it does not have to be an express contract, covenant, or provision of a contract. There was no implied warranty of habitability for tenants at common law and the legal doctrine has since developed in many jurisdictions through housing laws and regulations. Habitability is a common law doctrine that is largely synonymous with tenantability. In Architecture, the term habitab ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Disputes Act
The Contract Disputes Act of 1978 ("CDA", , ), which became effective on March 1, 1979, establishes the procedures for handling "claims" relating to United States Federal Government contracts. It is codified, as amended, at . Claims by contractors against the Federal Government must be submitted in writing to the Government's Contracting Officer for a decision. Claims by the Federal Government against a contractor must be the subject of a decision by the Contracting Officer. Apart from claims by the Federal Government alleging fraud in connection with a claim by the contractor, all claims by either the Federal Government or the contractor must be submitted within six years after the accrual of the claim. Claims by contractors for more than $100,000 must be accompanied by a certification that (i) the claim is made in good faith, (ii) the supporting data are accurate and complete to the best of the contractor's knowledge and belief, (iii) the amount requested represents the contra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Nash & Cibinic Report
''The Nash & Cibinic Report'' is a monthly report providing opinion and advice on current United States government contract Government procurement or public procurement is the procurement of goods, services and works on behalf of a public authority, such as a government agency. Amounting to 12 percent of global GDP in 2018, government procurement accounts for a subst ... issues. The first issue appeared in January 1987. The report is published monthly by West Publishing Company. It was founded and written by John Cibinic Jr. and Ralph Nash. Notes Political magazines published in the United States Monthly magazines published in the United States Government procurement in the United States Magazines established in 1987 Reports of the United States government Legal magazines {{US-gov-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Courts Of Appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. The courts of appeals are divided into 11 numbered circuits that cover geographic areas of the United States and hear appeals from the U.S. district courts within their borders, the District of Columbia Circuit, which covers only Washington, D.C., and the Federal Circuit, which hears appeals from federal courts across the United States in cases involving certain specialized areas of law. The courts of appeals also hear appeals from some administrative agency decisions and rulemaking, with by far the largest share of these cases heard by the D.C. Circuit. Appeals from decisions of the courts of appeals can be taken to the U.S. Supreme Court. The United States courts of appeals are considered the most powerful and influential courts in the United States after the Supreme Court. Because of their ability to set legal precedent in regions that cover millions of Americ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
General Services Administration
The General Services Administration (GSA) is an independent agency of the United States government established in 1949 to help manage and support the basic functioning of federal agencies. GSA supplies products and communications for U.S. government offices, provides transportation and office space to federal employees, and develops government-wide cost-minimizing policies and other management tasks. GSA employs about 12,000 federal workers. It has an annual operating budget of roughly $33 billion and oversees $66 billion of procurement annually. It contributes to the management of about $500 billion in U.S. federal property, divided chiefly among 8,700 owned and leased buildings and a 215,000 vehicle motor pool. Among the real estate assets it manages are the Ronald Reagan Building and International Trade Center in Washington, D.C., which is the largest U.S. federal building after the Pentagon. GSA's business lines include the Federal Acquisition Service (FAS) and t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Internal Revenue Service
The Internal Revenue Service (IRS) is the revenue service for the United States federal government, which is responsible for collecting U.S. federal taxes and administering the Internal Revenue Code, the main body of the federal statutory tax law. It is an agency of the Department of the Treasury and led by the Commissioner of Internal Revenue, who is appointed to a five-year term by the President of the United States. The duties of the IRS include providing tax assistance to taxpayers; pursuing and resolving instances of erroneous or fraudulent tax filings; and overseeing various benefits programs, including the Affordable Care Act. The IRS originates from the Commissioner of Internal Revenue, a federal office created in 1862 to assess the nation's first income tax to fund the American Civil War. The temporary measure provided over a fifth of the Union's war expenses before being allowed to expire a decade later. In 1913, the Sixteenth Amendment to the U.S. Constitutio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privity
Privity is the legal term for a close, mutual, or successive relationship to the same right of property or the power to enforce a promise or warranty. It is an important concept in contract law. Contract law {{main article, Privity of contract The principle of privity in the common law's law of contract dictates that persons may not reap the benefits nor suffer the burdens of a contract to which they were not a party. Under the doctrine, if a consumer bought goods from a retailer who had originally bought them from the manufacturer, then, if the goods proved faulty, the consumer should sue the retailer. The consumer could not sue the manufacturer in contract law because no contract existed between them. The retailer could then counterclaim against the manufacturer. In most cases, however, consumers may rely on the manufacturer's guarantee that will have been assigned to them. In England, the leading privity case was ''Tweddle v Atkinson'' 861EWHC J57 (QB), but this case immediate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Construction
Construction is a general term meaning the art and science to form objects, systems, or organizations,"Construction" def. 1.a. 1.b. and 1.c. ''Oxford English Dictionary'' Second Edition on CD-ROM (v. 4.0) Oxford University Press 2009 and comes from Latin ''constructio'' (from ''com-'' "together" and ''struere'' "to pile up") and Old French ''construction''. To construct is the verb: the act of building, and the noun is construction: how something is built, the nature of its structure. In its most widely used context, construction covers the processes involved in delivering buildings, infrastructure, industrial facilities and associated activities through to the end of their life. It typically starts with planning, financing, and design, and continues until the asset is built and ready for use; construction also covers repairs and maintenance work, any works to expand, extend and improve the asset, and its eventual demolition, dismantling or decommissioning. The constructio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
