An analysis of the Navy's alternative disputes resolution program
Everleth, Kreg R.
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Every day of our lives we enter into some sort of contract. We promise to give something in order to receive something in return. There are several factors that must be satisfied in order for the contract to be enforceable in a court of law. Smith, Currie, & Hancock's "Common Sense Construction Law," states there must be five of these factors. They are: 1. There must be a meeting of the minds. 2. The subject matter must be lawful. 3. There must be sufficient consideration. 4. The parties must have the legal capacity to contract, and 5. There must be compliance with legal requirements regarding the form of the contract; for example, some contracts must be in writing (37). If all of the above factors are met and there is a disagreement between the parties, then the contract must be interpreted as a whole document. This is due to the fact that certain sections of the contract may override or reinforce other parts of the document (Smith et al, 39). As a result of the complexity of contracts and the projects, these disagreements can range from the owner changing the scope of the project.
Approved for public release; distribution is unlimited.This thesis document was issued under the authority of another institution, not NPS. At the time it was written, a copy was added to the NPS Library collection for reasons not now known. It has been included in the digital archive for its historical value to NPS. Not believed to be a CIVINS (Civilian Institutions) title.
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