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

Business ethics and public relations, Select an existing business that is d...

Select an existing business that is dealing with, or has recently dealt with, a negative public relations situation involving business ethics. You may also use your own company. Co

Relate the military and economic power with each other, Relate the military...

Relate the military and economic power with each other The balance of military and economic power of equilibrium is therefore desirable. A balance of power is a pre-requisite f

Companys articles - meetings and resolutions, Companys articles - meetings ...

Companys articles - meetings and resolutions: The company's articles cannot deprive the members of the right to requisition a meeting under S.132 because the section requires

Redemption of shares, Redemption of Shares: Section 60 (1) empowers a ...

Redemption of Shares: Section 60 (1) empowers a company limited by shares to issue preference shares that are, or may be at the option of the company are to be liable, to be r

Discuss alternative dispute resolution, QUESTION 1 Nowadays, many peopl...

QUESTION 1 Nowadays, many people are opting for Alternative Dispute Resolution (ADR) as a means to settle commercial disputes due to its advantages. Discuss QUESTION 2

Find out the tort, 1. Chuck walked into a room. As a joke, Matt stuck his l...

1. Chuck walked into a room. As a joke, Matt stuck his leg out so that Chuck would trip Chuck tripped and in so doing, dropped the bottle of soda he was carrying. In the

Contractual capacity of drunken persons, Contractual Capacity of Drunken Pe...

Contractual Capacity of Drunken Persons Whether a person purported to enter with a contract at a time at what time he was too drunk to understand then what he was doing and th

Criminal law, Criminal Law: However criminal law has been defined as t...

Criminal Law: However criminal law has been defined as the law of crimes.  So a crime has been defined just like an act or omission or committed, omitted in violation of publi

Derivative action - statutory provisions, Derivative action: In Nurcom...

Derivative action: In Nurcombe v Nurcombe Lawton L J stated that a derivative action is a procedural device for enabling the court to do justice to a company controlled by mis

Regulations regarding experiments on animals, REGULATIONS REGARDING EXPERIM...

REGULATIONS REGARDING EXPERIMENTS ON ANIMALS : You may be aware that experiments on animals are performed in the laboratories of educational and research institutions. You should k

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