Preview

Laws of Tenders and Auctions

Powerful Essays
Open Document
Open Document
5017 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Laws of Tenders and Auctions
LAB PROJECT
REPORT

LAW OF TENDERS AND AUCTIONS

PGPM 2010-12
TERM 1

TABLE OF CONTENTS

1. Auction and tender.……………………………………………………………………………………………………………….......3 2. Auction………………...……………………………………………………………………………………………………………….......3 2.1 Legal Aspect as per The Sale of Goods Act, 1930...............................................................3

2.1.1 Legal Rules Regarding Auction.............................................................................3

2.2 Legal Aspect as per The Indian Contract t, 1872................................................................4 2.3 Auction Terminologies…………………………………….................................................................6 3. Tender………………..………………………………………………………………………………………………………………….......6 3.1 Legal Aspect as per The Indian Contract t, 1872................................................................6

3.1.1 Acceptance and withdrawal of tenders...............................................................6
3.1.2 No Obligation to Accept Lowest Tender..............................................................7
3.2 Tenders Terminology……………….………….………..................................................................8 3. Judicial Pronouncements and Analysis………………………………...........................................................9 3.1 Auction…………..………………………………….............................................................................9

3.1 Tender.…………..…………………………………............................................................................13

7. References.....……………………………………………………………..................................................................17

1. AUCTION AND TENDER
Auction and Tender are two significant modalities by which business contracts are formed. As these are transparent form of doing business, the Government institutions almost always



References: 3.1. Legal Aspect as per The Sale of Goods Act, 1930 The Sale of Goods Act, 1930 (Sec 64), makes provisions on sale by auction The Indian Contract Act, 1872 makes certain provisions on tenders.

You May Also Find These Documents Helpful

  • Powerful Essays

    Bus311 Business Law I

    • 2524 Words
    • 11 Pages

    In this paper, I will reflect on the operation of contracts. Business law shows how contracts may be classified in several ways depending on the manner in which they are created, expressed, or performed. I have learned a lot from this course and I will use that to help write this paper. In the following paper I will discuss the oral or written contracts; I will discuss express or implied contracts, and will discuss formal or simple contracts. I will also discuss the impact of the contracts in a business and show the true propose of contracts. I will show what is needed in a contract to be legally enforceable. I will discuss how a contract must contain the following six elements: an offer and acceptances, a mutual agreement, a consideration, a competent parties, and legality of purpose, and proper form. All of this will be discussed in depth in the following paper.…

    • 2524 Words
    • 11 Pages
    Powerful Essays
  • Powerful Essays

    The United States government is the largest single purchaser of goods and services in the world. Even during times of economic hardship, the US continues to dump billions into the private sector. The federal procurement spending rate of growth has surpassed the rate of U.S. inflation every year, since 2000. With annual federal procurement budgets of more than $400 billion, it is no surprise that the competition for government contracts has increased tremendously. Consequently, more and more companies are trying to get a piece of the action. When these companies adhere to all of the required regulations and statutes, they expect their proposals to be evaluated and the contract awarded in a fair and unbiased manner (Nacke & Ralston 2011).…

    • 4029 Words
    • 17 Pages
    Powerful Essays
  • Satisfactory Essays

    Proc 5000

    • 262 Words
    • 2 Pages

    The difference is the two is the government has certain authority and rights that commercial enterprises do not have in my opinion. The government is not in the business in making a profit. There are certain price limits set by the government that can not be exceeded majority of the times when making purchases. In Federal Government contracting, specific regulatory authority is required for the Government's agent to enter into the contract, and that agent's bargaining authority is strictly controlled by statutes and regulations reflecting National policy choices and prudential limitations on the right of Federal employees to obligate Federal funds.…

    • 262 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Part 14 Sealed Bidding; Part 15 Contracting by Negotiation; Subpart 6.2—Full and Open Competition After Exclusion of Sources;Subpart 6.4—Sealed Bidding and Competitive Proposals…

    • 928 Words
    • 4 Pages
    Good Essays
  • Good Essays

    (4) Adequate Government resources are available to award and manage a contract other than firm-fixed-priced (see 7.104(e)) including—…

    • 496 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Today legal environment of business is full of agreements between individuals and business. Although oral agreements can be used to constitute a sale contract, but most corporations used formal written contracts when…

    • 577 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    I would like to present information to recommend a full financial status review prior to submitting a government contract bid. I will discuss the impact of fraud and abuse on a company, government oversight of fraud and abuse, the potential corruption schemes to be aware of and the recommended types of accounting evidence and methods of gathering evidence to support the financial status review. I will present the definitions for each and possible impacts of…

    • 722 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Contracts are essential in the business world and apply to both large and small businesses (Lau, 2011). Essentially, contracts are a legally enforceable promise to do something in exchange for something of value (Beesley, 2016). Elements of a contract formation include offer, acceptance and consideration (Colorado State University – Global Campus, 2016). Without proper formation, contracts can be invalid (Lau, 2011). The six elements of contract formation are offer, acceptance, consideration, mutuality of obligation, competency and capacity, and sometimes a written instrument (US Legal, n.d.). Contracts can be both bilateral, meaning an agreement between two parties, or unilateral, where action is taken by one party or group (Lau, 2011). This…

    • 833 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    When a company makes a contract with a government for supplying goods or services without competing against bidders, there is a real risk of corruption and overpricing. The company may feel that it can charge what it wants without worrying about the competition, weakening the incentive to be efficient and provide a good deal.…

    • 773 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Sealed bidding, also known as Invitation for Bids (IFB), is used when the government believes an “award can be made to the lowest price offeror who is responsive and responsible and the government’s requirement is reasonably well defined in the form of drawings and specifications” (Murphy, 2009, p. 17). When an IFB is released on a government website, FedBizOpps, any contractor who wishes to submit a bid is allowed. Government cannot limit an IFB to only particular contractors as this solicitation is based on adequate price competition. This is an advantage to contractors who might be new or older contractors who are looking to expand their expertise. Also, contractors are only required to submit the ‘bottom-line’ cost of their bid on IFB solicitations. Contractors must responsive, not taking exception to any terms of the proposed contract in its entirety, and responsible, be able to perform the work and meeting all conditions stated in solicitation however; they are not required to submit cost detail or technical documents such as past performances, performance work statement, cost narratives, etc. with their bids. There are a few disadvantages with this method. Contractors are not able to change their bids once submitted. The government opens all sealed bids to the public at the appointed due date and time. Contractors are able to see every bid…

    • 650 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Pm 598 Quiz 3 Answers

    • 1552 Words
    • 7 Pages

    There are two main approaches to contracting: competitive methods, such as purchase cards, imprest funds, auctioning, net marketplaces, vertical exchanges,…

    • 1552 Words
    • 7 Pages
    Powerful Essays
  • Best Essays

    The purpose of government contracting is to facilitate business transactions between different companies, big or small, with government agencies in order to meet the needs of the government. Contracting is the main way a government operates and public money is spent. Thus, contracts are the main channels for implementing public policy, which makes stopping and controlling corruption in procurement a determining factor in policy and project efficiency.…

    • 4590 Words
    • 19 Pages
    Best Essays
  • Powerful Essays

    See Cook v. Johnson, 37 Wn.2d 19, 221 P.2d 525 (1950). A one-sided contract is one in which a guarantee is given in return for a demonstration or avoidance. Here, Browning gave Johnson a guarantee to pay $40,000 in return for Johnson's demonstration of surrendering the agreement of offer. Adequacy of consideration in one-sided contracts is talked about by Professor Williston in his treatise, Contracts § 102 (3d ed. 1957). There he demonstrates that the prerequisite of adequate consideration to bolster a guarantee is met by a hindrance brought about by the promisee (Johnson) or an advantage got by the promisor (Browning) at the solicitation of the promisor. "That impairment endured by the promisee at the promisor's solicitation and as the cost for the guarantee is adequate, however the promisor is not profited, is very much settled." Williston, supra. This has been the law in Washington for more than 50 years. Harris v. Johnson, 75 Wash. 291, 294, 134 Pac. 1048 (1913). The inquiry then turns into the way of a burden. Impediment is characterized by Williston as the surrendering of "something which quickly earlier thereto the promisee was advantaged to hold, or doing or avoiding accomplishing something which he was then favored not to do, or not to cease from doing." Williston, supra, § 102A. We have as of now had event to quote this definition with endorsement. Luther v. National Bank of Commerce, *149 2 Wn.2d 470, 483, 98 P.2d 667 (1940). We…

    • 2426 Words
    • 10 Pages
    Powerful Essays
  • Better Essays

    It is a Mercantile Law. The Sale of Goods Act is a kind of Indian Contract Act. It came into existence on 1 July 1930. It is a contract whereby the seller transfers or agrees to transfer the property in the goods to the buyer for prize. A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. There may be a contract of sale between one part-owner and another.…

    • 3299 Words
    • 12 Pages
    Better Essays

Related Topics