contract formation

• Contract Formation

In Catel, Inc.,1 the Armed Services Board of Contract Appeals (ASBCA) provided a thorough discussion of the concepts of express, implied, and implied-in-fact contracts, as well as the authority of government officials to bind the government. Catel ultimately submitted a claim for over seventy thousand dollars, an amount including the government's use of the skiff for four hundred fifty-eight days, repair and replacement costs, and markups for overhead and profit. The government employee that entered into the agreement with Catel was not a warranted contracting officer, and had not yet been appointed as an alternate contracting officer's representative. The verbal agreement, including Catel's agreement "to allow [the government] to use the equipment with the expectation of future work...

• Army Lawyer, The
• Nbr. 1/2006, January 2006

• Post AT&T Mobility, New Jersey Appellate Court Rejects Class Waiver Provision Based On Contract Formation Principles.

In recent years, New Jersey courts, like many others, developed a body of law that denied enforcement of class action waivers in arbitration provision...

• Mondaq Business Briefing
• Nbr. 2011, January 2011

• Post AT&T Mobility, New Jersey Appellate Court Rejects Class Waiver Provision Based On Contract Formation Principles

In recent years, New Jersey courts, like many others, developed a body of law that denied enforcement of class action waivers in arbitration provision...

• Mondaq Business Briefing
• United States Law Articles in English

• Monroe Excavating, Inc. v. DJD&C Dev., Inc., (Ohio 2011)

Express oral contract; contract formation; parol evidence; modification or waiver of abstract terms; manifest weight.

• Ohio Supreme Court

• Exclusive Separability? Arbitrability and the Contract Formation Defense

The rare case will be one that proceeds to an evidentiary hearing or beyond. Because judges have an interest in shorter dockets and the disposition of these cases, those concerned with judicial economy and the efficiency of arbitration should rest easy knowing that the courts will still retain both an incentive to minimize litigation and a tremendous amount of discretion over which cases and factual patterns are adjudicated and which are sent to arbitration.

• Review of Litigation, The
• Vol. 28 Nbr. 4, July 2009

• The Best Of Intentions: Contract Formation Under Letters Of Intent.

In the fast-paced world of construction projects, letters of intent are a common feature of the contractual landscape. So what happens if the formal c...

• Mondaq Business Briefing
• Nbr. 2009, January 2009

• Sales Law

...A service contract may be covered by the provisions in Article 2 inso...Contract Formation. A contract for the sale of goods can be made in a...

• West's Encyclopedia of American Law
• Po–San

• U.S. Supreme Court Rules that Contract Formation Issues Are for Court Determination and Provides Guidance for Litigation Against International Union

The U.S. Supreme Court has issued a pro-employer decision that addresses two key issues concerning arbitration and the enforceability of labor contrac...

• Mondaq Business Briefing
• United States Law Articles in English

• The Local Buzz: Russell Takes On Role with Parsons

Parsons Corp. announce that Avis Russell has joined the firm as vice president and director of contracts and procurement, Operations Shared Services (OSS). She will be responsible for supporting all Parsons global business units served by OSS as well as for managing contract formation and procurement activities and contract administration work.

• San Gabriel Valley Tribune
• April 29, 2011

• Proper Formation Is Fundamental To The Insurance Contract.

Most insurance coverage disputes involve policy language that fails to define clearly the respective rights and obligations of the parties. In a recen...

• Mondaq Business Briefing
• Nbr. 2011, January 2011