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

Bankruptcy, how can a receiving order be rescinded?

how can a receiving order be rescinded?

Main advantages - mergers and winding up, Main advantages - mergers and win...

Main advantages - mergers and winding up: A scheme of arrangement under s.207 offers three main advantages: (a)     it can be used in circumstances to which s.210 and s.280

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

Analytical judgment, FutureEd corp., a Bangladesh based catering company ha...

FutureEd corp., a Bangladesh based catering company has decided to extend its catering business in the main divisional cities. They have come up with the decision to open up some r

Limited, Name to end with the word "Limited":                         ...

Name to end with the word "Limited":                             S.5(1)(a) provides that the word "limited" must be the last word of the name of a company which is to be limit

Disadvantages of arbitration, Disadvantages of Arbitration F...

Disadvantages of Arbitration First is, Arbitral awards have no precedential value as that they cannot be relied on in subsequent proceedings Second is, Arbitrati

Determine in detail about the credibility factor, Determine in detail about...

Determine in detail about the credibility factor Let us consider, 'credibility' factor. The law, institutions and other created authorities lead to circumstances that can assur

Explain the universal declaration on human rights, Explain the Universal De...

Explain the Universal Declaration on Human Rights Universal Declaration on Human Rights was passed by UNGA, entailing a comprehensive and detailed concept pertaining to rights

Explain recognition of states pertains, Explain Recognition of States perta...

Explain Recognition of States pertains Recognition of States pertains to whether a state exists or not, meaning thereby, the participants of global community should recognize t

Describe the term banking, Question1 Describe the term banking and what ar...

Question1 Describe the term banking and what are the permitted businesses for a banking company as per BR Act 1949 Question2 When is a negotiable instrument considered as

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