CON 216-AICC Hotness- Exam
Questions With 100% Verified
Answers!!
which one primes? case/common law or statutory
case/common law
Dos state laws control federal contracts?
No
How many different ways can you get into federal court?
5
what is the flow for federal jurisdiction?
ACT------>Code--------->Reg
What is Article I section 8?
Enumerated Powers
Tucker Act
Provided for an exception to the absolute sovereign rule- can sue govt
What is a contract?
An agreement between two or more parties
that creates in each party a duty to do or not
do something and a right to performance of the
other's duty or a remedy for the breach of the
other's duty. BLUF: A promise for a promise or a promise for an act.
,What are the two type of contracts?
Bilateral and Unilateral
What is a bilateral contract?
Promise for a promise
What is a unilateral contract?
Promise for an act
What are the 5 essential contract elements?
1. competence 2. mutual assent 3. consideration 4. lawful purpose 5. certainty of terms
Competent parties must 3 components?
Capacity, competence, authority
What is capacity?
The legal authority to enter into a contract
Does a counter offer void the original offer?
Yes
the statue of fraud has NOTHING to do with fraud
True
Who is an agent of the government?
KO
Who is the principle?
The US govt
What are the two types of agency authority?
Actual and Apparent
Who has actual authority?
, KO-express and COR implied
Certainty of terms of a contract?
terms must be clear in writing through price, delivery, and quantity
3 way of mutual assent
1. Binding offer 2. Valid acceptance 3. Meeting of the minds
Consideration?
Must be mutual, no piggy-back, can be a legal detriment
Lawful purpose
illegality of purpose, severability clauses, and funding
What is apparent authority?
This is where someone without a Contracting
Officer's warrant tells a contractor to do something that is un authorized thus creating a defense
for the Government that the contract isn't binding
What remedy can the damaged Contractor seek
PROMISSORY ESTOPPEL !
THIS IS A REMEDY AT EQUITY
Ratification
The confirmation of a prior act, with the effect ofbecoming bound by it. Endorsement,
acceptance, adoption,assent, certification, sanction........[WEST'S LAW}
Three types of limitations of funds
Amount, time, purpose
Anti Deficiency Act
You simply cannot spend anymore that has been appropriated, authorized and obligated
three use it or lose it constraints
Questions With 100% Verified
Answers!!
which one primes? case/common law or statutory
case/common law
Dos state laws control federal contracts?
No
How many different ways can you get into federal court?
5
what is the flow for federal jurisdiction?
ACT------>Code--------->Reg
What is Article I section 8?
Enumerated Powers
Tucker Act
Provided for an exception to the absolute sovereign rule- can sue govt
What is a contract?
An agreement between two or more parties
that creates in each party a duty to do or not
do something and a right to performance of the
other's duty or a remedy for the breach of the
other's duty. BLUF: A promise for a promise or a promise for an act.
,What are the two type of contracts?
Bilateral and Unilateral
What is a bilateral contract?
Promise for a promise
What is a unilateral contract?
Promise for an act
What are the 5 essential contract elements?
1. competence 2. mutual assent 3. consideration 4. lawful purpose 5. certainty of terms
Competent parties must 3 components?
Capacity, competence, authority
What is capacity?
The legal authority to enter into a contract
Does a counter offer void the original offer?
Yes
the statue of fraud has NOTHING to do with fraud
True
Who is an agent of the government?
KO
Who is the principle?
The US govt
What are the two types of agency authority?
Actual and Apparent
Who has actual authority?
, KO-express and COR implied
Certainty of terms of a contract?
terms must be clear in writing through price, delivery, and quantity
3 way of mutual assent
1. Binding offer 2. Valid acceptance 3. Meeting of the minds
Consideration?
Must be mutual, no piggy-back, can be a legal detriment
Lawful purpose
illegality of purpose, severability clauses, and funding
What is apparent authority?
This is where someone without a Contracting
Officer's warrant tells a contractor to do something that is un authorized thus creating a defense
for the Government that the contract isn't binding
What remedy can the damaged Contractor seek
PROMISSORY ESTOPPEL !
THIS IS A REMEDY AT EQUITY
Ratification
The confirmation of a prior act, with the effect ofbecoming bound by it. Endorsement,
acceptance, adoption,assent, certification, sanction........[WEST'S LAW}
Three types of limitations of funds
Amount, time, purpose
Anti Deficiency Act
You simply cannot spend anymore that has been appropriated, authorized and obligated
three use it or lose it constraints
