This article discusses the offer and acceptance relating to a contract, subject matter of the contract, conditions and warranty, dispute settlement, and contract management practices.
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Running head: PROJECT MANAGEMENT AND LEGAL ASPECTS Project Management and Legal Aspects Name of the Student: Name of the University: Author’s Note
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1 PROJECT MANAGEMENT AND LEGAL ASPECTS Table of Contents Part 1................................................................................................................................................2 Part 2................................................................................................................................................2 Part 3................................................................................................................................................2 Part 4................................................................................................................................................3 Part 5................................................................................................................................................3 Reference.........................................................................................................................................4
2 PROJECT MANAGEMENT AND LEGAL ASPECTS Part 1 The offer and acceptance relating to a contract forms a major part of the contract of the business. A valid contract can only arise when there is a valid offer made by the business and a valid acceptance is also required. A business which wants to purchase of any raw materials or supplies from another company. Our company offered to purchase a quantity of goods at a certain level of price in reply to an advertisement made for supplies which can be treated as invitation to an offer (McKendrick, 2014). My company has recently entered into a contract with some other company for supplies. The offer was made by our business to the company for a particular price and quantity. The offer was accepted by the offeree and thus came into existence a contract which would legally bind both the parties (Poole, 2016). This is considered as acceptance of the contract which was provided by a confirmation. This results in creation of a legal contract. Part 2 The subject matter of the contract which we entered into involved trade of raw materials in bulk quantities from the supplier. The raw material is an essential part of the manufacturing process which our company has entered. The contract also stated for any damaged product would be returned to the supplier which would be needing replacement. The contract also specified the price at which such raw materials were to be purchased. Part 3 Condition may be defined as terms of contracts which the contractual parties need to consider while entering into a contract. There are two types of conditions which are general condition and special condition (Zlatkovic & Porter, 2013). In our case, the contract which our
3 PROJECT MANAGEMENT AND LEGAL ASPECTS business entered specified certain general conditions which are applicable to all contracts such as return of goods in case some damaged good were provided, the performance of the contract should be met within the time period allowed. Warranty on the other hand, is a guarantee which is provided by one party to another that the information which are given are true and the same is provided by the seller which gives the buyer some protection regarding the products. Warranty can be provided for different areas and can also cover products which are offered by businesses. In our case, the contract did not contain any warranty and had only condition which were mostly general in nature. Part 4 As per the terms of the contract which is agreed by both the parties, in case of any disputes which arises in the performance of the contract, the disputes would be settle by mediation (Knapp, Crystal & Prince, 2016). In such a process, a neutral party is appointed who would settle and act as a mediator for settling such disputes. Part 5 The contract management practices allow to effectively manage the contracts of a business and it allows management of a business to effectively manage different contracts from vendor, partners, customers. Effective management of the contracts allows the management to administer every speculation of the contract effectively. The liabilities which is related to a contract can be managed effectively with the help of a proper management system.
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4 PROJECT MANAGEMENT AND LEGAL ASPECTS Reference Knapp, C. L., Crystal, N. M., & Prince, H. G. (2016).Problems in Contract Law: cases and materials. Wolters Kluwer Law & Business. McKendrick, E. (2014).Contract law: text, cases, and materials. Oxford University Press (UK). Poole, J. (2016).Textbook on contract law. Oxford University Press. Zlatkovic,M.,&Porter,R.J.(2013).LessonsLearned-PavementMarkingWarranty Contract(No. UT-13.16). Utah Department of Transportation, Research Division.