Evolution of contracting , Business Law and Ethics

Assignment Help:

Evolution of Contracting 

Contracts have evolved over centuries. It is a lawful binding relation between two or more parties. The contractual relationships can occur - from a small project to a corporate takeover or treaty between nations. These are specific tangible elements and codes that are structured  according to the laws of the country in which they are written. 

In some countries, contracting parties like to meet with a verbal and handshake agreements for informal promises or trades of goods and services. 

During the past few decades, contracts have undergone many changes because of globalisation in our economy, outsourcing, deregulation and the types of competitors. The mode of contracting has become easier because of the usage of Internet. 

With all these changes, agreements written a decade ago seem simple in comparison to present agreements. This revolution in the contract structure, content and format has occurred because of the changing roles of contracts in today?s business world. 

Contracts have evolved from a simple document to a dynamic and powerful tool with far-reaching implications for long-term business and personal relationships.  

Let us see an example of the development of contracting taken from the article „An Unlikely History of Contracting? by Gary L. Sturgess published in the Journal of International Peace Operations.  

Two hundred years ago, British and Irish convicts were transported to Australian colonies by private contractors. In 1787, Australia?s first convict fleet contract was won by a naval contractor, William Richards following a public tender. Richards supplied six ships and he had to make provision for food for about 800 convicts and their guard of marines for a period of eight months. Richards was paid a flat rate per month for each ton of shipping and another separate rate per  convict-day for food provisions. This was similar to the contracts the Navy Board had developed for the shipment of troops to various parts of the world. 

The second contract was rewarded in 1789; this time with the objective of minimising costs. The contract marked a flat rate which transferred the risk of delay. The mortality rate of convicts was high enough to attract the attention of the authorities which received complaints of negligence. To prevent further negligence of such kind by the contractor, there was an enquiry and criminal prosecution, and the Home Department argued that the contractor should be paid for the number of convicts actually landed rather than taken on board. Hence the payment was modified. A bottleneck faced in implementing this mode of payment was that the contractors were not prepared to accept the complete transfer of outcome risk to them.  

This kind of contract dropped the morality rate of the contractors substantially. The only danger that the governing authority or the contractor faced, comprised certainties of ocean travel, thus minimising the probability of ill treatment of persons on board by the contractor. The example explained was a performance based contracting.  

Thus, we can conclude that the following actions need to be incorporated for successful contracting: 

  •   Good contract design. 
  •   Selection of a socially responsible provider. 
  •   Sound contract management by public officials.  

Related Discussions:- Evolution of contracting

Determine the implications of the legislature, Determine the implications o...

Determine the implications of the legislature Policy outcomes are the result of legislative bargaining. So policy becomes a compromise between the executive and the legislature

The role of expectation of winning the election, The role of expectation of...

The role of expectation of winning the election The role of expectation, of possibility of winning the election and of policy convergence on choice of agenda. In standard mode

Define the reflect relative policy stance, Define the reflect relative poli...

Define the reflect relative policy stance We assume that contributions reflect relative policy stance, then the policy positions are perceived only noisily and we get only expe

Wbp, what is wbp? and its danger and benefits ? components of wbp?

what is wbp? and its danger and benefits ? components of wbp?

Bankruptcy, how can a receiving order be rescinded?

how can a receiving order be rescinded?

Statutory task force on phoenix activity, Q. Statutory task force on phoeni...

Q. Statutory task force on phoenix activity? A long term option could be the establishment of a statutory task force on phoenix activity. This could be supported by all the rel

Assignment of share in partnership, Assignment of Share in Partnership ...

Assignment of Share in Partnership Whereas as has been stated, never new partner may be bring in without the consent of all other partners as well like accordingly no partner

Show the suggested actions to address phoenix activity, Q. Show the Suggest...

Q. Show the Suggested actions to address phoenix activity? There have been a range of options identified by previous works on phoenix activity, such as the Cole Inquiry and Tre

Non-payment of cheques, Non-Payment of Cheques A banker's authority ab...

Non-Payment of Cheques A banker's authority about pay a cheque that will be determined or that terminated through: like; (a) Countermand of payment, below s.75 (a). the Act

Indicators of phoenix activity, Indicators of phoenix activity Stakehold...

Indicators of phoenix activity Stakeholders noted that there are a range of 'signals' or 'indicators' that phoenix activity may be about to occur. These generally occur before t

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd