Cases and Materials on Government Contracts

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Headquarters, Department of the Army, 1962 - 567 pages
 

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Page 27 - ... express or implied agreement of the parties, acceptance of the goods by the buyer shall not discharge the seller from liability in damages or other legal remedy for breach of any promise or warranty in the contract to sell or the sale. But, if, after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any promise or warranty within a reasonable time after the buyer knows, or ought to know of such breach, the seller shall not be liable therefor.
Page 273 - The rights and remedies of the Government provided in this clause shall not be exclusive and are In addition to any other rights and remedies provided by law or under this contract.
Page 85 - The case is here on a petition for a writ of certiorari which we granted because of the importance of the problem and the contrariety of views in the courts.
Page 111 - When immediate delivery or performance is required by the public exigency the articles or service required may be procured by open purchase or contract at the places and in the manner in which such articles are usually bought and sold, or such services engaged, between individuals.
Page 285 - ... by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery schedule.
Page 32 - A promise which the promisor should reasonably expect to induce action or forbearance of a definite and substantial character on the part of the promisee and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise.
Page 45 - Whatever the form in which the government functions, anyone entering into an arrangement with the Government takes the risk of having accurately ascertained that he who purports to act for the Government stays within the bounds of his authority. The scope of this authority may be explicitly defined by Congress or be limited by delegated legislation, properly exercised through the rule-making power. And this is so even though, as here, the agent himself may have been unaware of the limitations upon...
Page 38 - ... in good faith relied upon such conduct, and has been led thereby to change his position for the worse, and who on his part acquires some corresponding right either of property, of contract, or of remedy.
Page 144 - States, that the measure of damages is the difference between the contract price and the market value of the...
Page 276 - ... unforeseeable causes beyond the control and without the fault or negligence of the contractor, including, but not restricted to, acts of God, or of the public enemy, acts of the Government, acts of another contractor in the performance of a contract with the Government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes...