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Vanguard Investments Group, Malvern, PA. Tools Used : Jenkins/Hudson, Ant, MS Build, TFS Team Explorer, and Subversion, Jenkins, Travis CI. CM Solution Architect for on mercutio Healthcare Emerging Products. Tools Used : Jenkins, Puupet, Chef, Capastrino, Ruby, Maven, Git, Java. Conducted multiple CM assessments including “As-Is” and top movie reviews, “To-Be” with recommendations to improve Healthcare CM and release management practices.

Consulted on tools evaluation, selection and implementation including HP EDGE mandated and open source ALM tool chains. Consulted on the appropriate use of industry standards and essay, frameworks (e.g. CMMI/EDGE). Developed Healthcare Product Release and Configuration plan and managed CM team responsible for build automation (development and maintenance), code promotion through environments, and production packaging and installation support for customers. The configuration management tools utilized were HP CMDB, HP Service manager, Quality Center, Subversion, Team Foundation Server, Ant, Electric Commander, Jenkins, Nexus, Ivy and gcse, InstallAnywhere, InstallShield.

Configuration Manager for CM processes, standards, builds and character essay, environments for the various Healthcare applications and Products. Directed setup, use, and build scheduling for environments and implemented a Continuous Delivery pipeline. Designed and nursing, implemented CM requirements, approach, and tooling for Java (J2EE) and .NET -based application development. Designed, coded, and implemented automated build scripting in Ant, Ivy, Jenkins/Hudson, and character essay, Maven. Defined development workflow Agile/SCRUM/Waterfall SDLC processes and established processes around them and implemented toolset integration for CaliberRM, Quality Center, Subversion, and various scripting tools and databases.

Defined package process and tools, including the design of school essay a CMDB for full requirements traceability. Led team of CM build specialists, tool integrators, environment coordinators and packagers and defined and assisted with Data Management (and Testing data baseline) CM strategies. Managed Healthcare product packaging for release to customers utilizing InstallShield and InstallAnywhere. Tools Used : Jenkins, Puupet, Chef, Capastrino, Ruby, Maven, Git, Java. 2005 2009, Configuration/Release manager. As CM manager responsible for building and running continuous integration environments that support multiple development teams working toward towards common builds and Major Responsibilities included. Character On Mercutio! Designing and implementing a continuous development and deployment process that is uniform throughout several development teams and reagan, across projects.

Implemented Continuous Integration validation tests on character essay code check-in. Design and implement, working with QA automation team, post check-in automated unit and essay, system tests and Established and documented workflow. Trained development, QA and production deployment teams. Managed tools like Subversion, Jenkins, JIRA and character essay, Performed maintenance and troubleshooting of build/deployment systems. Plan, coordinate and reviews, execute releases to QA, stage and production environments and Managed complex code branches from multiple development teams for current and character essay, future releases. Merged code and a good essay, ensure successful builds with intended functionality. Essay On Mercutio! Ensured releases are documented for supportability and functionality and stakeholders spanning multiple organizations are notified in advance. Responsible for configuration management including deployment of new software/configuration changes into our UAT, Training, Production and DR environments. Additional duties included working with development and infrastructure teams to improve the configuration and release management processes and environments for nursing school questions more efficient, higher quality software deployments.

Aspen Software Consultants, Dallas, TX. CM Administrator at IRS, Dallas, TX : Participated and Lead on software configuration management boards and provided support for the release process form the different Vendors. Involved in Building and deploying software releases, Building and compiling code of varying complexity using automated and on mercutio, manual efforts to ensure complete and accurate code compilation for benjamin essay on flatulence release into various critical environments. Coordinated individual and Master Release Schedule(s), Administered and maintained version control, version control software, code repository and backup files. Implemented ClearCase/ClearQuest and Requisite Pro, Build Forge, ClearCase UCM configuration and character essay on mercutio, change management tool. Configuration Analyst at reviews, Capital One, Plano TX : Responsible for Rational development tools support over multiple environments consisting of ClearCase, ClearCase Multisite ClearQuest. Ongoing project support for clients, Upgrades for existing rational tool set including ClearQuest Schema upgrades and ClearCase VOB schema upgrades. ClearQuest integrated with ClearCase for change/defect management and tracking tasks with an Oracle back-end for CQ schemas. Recommended security policies and created triggers using PERL scripts, which were applied to VOB’s. Configuration Analyst at Verizon, Irving, TX : Installation and customization of the on mercutio rational suite, Set-up of the Requisite Pro environment and gcse brewing, administration. Integration between ClearQuest and character essay on mercutio, Test director, ClearCase UCM configuration and change management tool.

Creation and Maintenance of VOBs, Views, Triggers and Installation Release Areas and Maintenance of Developers streams, Provision of day-to-day user support and Creation of Perl triggers for development VOB’s. 1998- 2002, Configration Management manager. Developed plan and organizational processes to improve configuration management within the enterprise to include the establishment of a change control board (CCB). Contributed to on flatulence the attainment of CMM Level 2 and 3 Certifications working closely with software quality assurance group. Conducted extensive configuration management training and Developed CM policies and procedures including the character CM plan and questions, handbook in support of applications.

As a Software Configuration Management (SCM) Specialist Team Foundation Server (TFS) Administrator served a critical function within the software development organization. This role was responsible for managing and supporting the software development lifecycle to essay include processes, tools, and automation efforts. As a Senior SCM Specialist/TFS Administrator reported to the Program Manager and worked closely with Development and Deployment teams providing configuration and release management support, technical expertise and administration of TFS and other related software development lifecycle tools. Biology Coursework! Introduction to CMMI, Carnegie Mellon Univeristy**. M.E (Elect Engg), Andhra University, India B.E (Elect Engg) Andhra University, India. Talks/Presentations/Publications/Projects. Some of my Talks and Presentations * My Presentations.

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Postal rule was an arbitrary choice in the 19th Century. Modern technologies make it redundant. Therefore, it should be abandoned as an character essay on mercutio obstacle to fairness in contract law. Free essay example: Student ID: 200730017. Name : Katya Varbanova. Do not put your name on any other page. This coursework will be assessed in accordance with The Liverpool Law School’s Assessment Code Of Practice and the University’s Examination Regulations. I confirm that I have read and understand the definitions of plagiarism, collusion and the fabrication of data as described in the University's Code of Practice on Assessment. I confirm that I have not committed plagiarism or fabrication of data when completing this submitted piece of work, nor have I colluded with any other student in brewing the preparation and production of character this work. COURSEWORK SUBMISSION FORM.

MODULE : LAW 105. Be certain to a good leader essay include your student number on every page of character essay this document; space provided in the header on top movie reviews the following pages. The page directly after this one should remain blank. You are also reminded to include your bibliography at the end of the coursework. COURSEWORK TITLE OR DESCRIPTION:

Postal rule was an arbitrary choice in the 19 th Century. Modern technologies make it redundant. Therefore, it should be abandoned as an obstacle to fairness in contract law. LEAVE THIS PAGE BLANK. The postal rule was established by arbitrary choice and it was decided because some rule, that would regulate letter contracting, was essential in the early 19 th Century. It was arbitrary, because there was no range of choice for communication and the postal services were the only option for distance contracting. Modern technologies and essay, inventions make it redundant and unfair.

In this coursework, I have explored the advantages and disadvantages of the rule and whether it should be justified today. Biology? Postal rule is no longer needed because in the 21 st Century, contracts can be concluded in seconds, using both instantaneous and non-instantaneous methods of communication with little or no risk of loss and on mercutio, delay. Therefore, it should be abandoned as an obstacle to fairness in contract law. The Postal Rule for biology brewing Acceptance. The general rule is that once a letter of acceptance is dispatched, the postal acceptance is already effective [1] . Essay On Mercutio? In other words – as soon as the letter is in the control of the biology Post Office [2] , the contracting parties are legally bound. It was established in 1818 in Adam v Lindsell [3] and it was essentially a rule of character essay convenience [4] .The postal rule is supported by saying that the offeror takes the risk (i.e. the risk of reagan essay failing to on mercutio receive acceptance)by initiating negotiations by post originally [5] . As a result, it does not apply to instantaneous methods of communication (i.e. telephone, telex) on nursing school the ground that all the parties are aware of contract conclusion. Therefore, they are unlikely to face risks such as delays or failure of transmission [6] . The Postal Rule for essay Revocation.

However, if it was reasonable to establish a specific postal rule for acceptance, consequently there may be another necessary rule concerning revocations of benjamin franklin offers. In the case of communication by post, the general rule is that “Dispatch of a letter or telegram of acceptance by the offeree terminates the offeror’s power of revocation. Loss or delay of the letter of on mercutio acceptance is immaterial and subsequent death of either party can have no effect on top movie its formation” [7] . Character Essay? In other words, the reagan letter of revocation is essay, effective only on delivery [8] . Reasons for essay questions the Establishment of the Postal Rule. Generally, the reason for the establishment of the postal rule was to promote certainty within contractual formation [9] . Likewise, in 1818 postal services have been relatively slow as the first train from Liverpool to Manchester had made its first deliveries twenty years later [10] . Consequently, the main problem in on mercutio the beginning of the 19 th Century was that the postal service had no alternative methods of benjamin franklin essay communication. It was Capps who suggested that if instantaneous modes of communication were available, it is essay, doubtful whether effective-on-dispatch rule would have been necessary [11] . There are some arguments that it is easier to nursing school essay questions prove posting rather than receipt. The given reason is that it is the character essay offeror who chooses to use the post and top movie reviews, therefore it is he who should be at a disadvantage. Although it is true that he can choose to make the offer using telephone, the above mentioned reason is character on mercutio, not very convincing. It might have been the offeree who originally started the negotiations by letter [12] . Was it an arbitrary solution? In truth, it is to ronald some extent an arbitrary solution to the problem of essay on mercutio which of the parties should be favoured where they communicate through the post [13] . In the beginning of the 19 th Century, some rule was essential. That is why Evans argues that the reason for the application of the postal rule is biology coursework, “no more than abdication of essay responsibility‘’ [14] . In addition, it is benjamin on flatulence, worth observing that the rule laid down in Adam v Lindsell [15] originated at a time when there was no general rule that acceptance need be communicated [16] .As a result, Simon Gardner argues that the Adam v Lindsell case provides limited foundation for the original postal acceptance rule [17] . There have always been problems with contract negotiations by post – even at present letters may either be delayed or lost. Therefore one of the contracting parties bears a risk by choosing the postal services for a preferred method of communication [18] . Certainly, the offeror is the party who bears that risk, under effective-on-dispatch-postal rule.

However, sometimes there will be the character on mercutio case where the offeree starts the negotiations by letter as mentioned in benjamin essay on flatulence the previous section. Therefore, the postal rule needs reconsideration, bearing in mind all the technology developments in the 21 st Century. Justification of the Postal Rule. Thesiger LJ in Household Fire and character essay on mercutio, Carriage Accident Insurance Co. v Grant [19] argues that it is impossible to produce a rule, which would be fair to both of the parties. However, he thinks that it is more convenient for why we write acceptance to essay on mercutio be effective on posting rather than on receipt. Another reason for justification of the postal rule is that it is logical for the offeror to bear the risk of the distance communications. He is the one that can manipulate the offer and introduce conditions. The offeree is less likely to essay questions change the conditions. Character On Mercutio? Even if he does, we know that it will be no more an acceptance of an offer, but a counter-offer [20] . The offeror can always avoid the postal rule by stipulating actual receipt or a specific way of communication, or even initiating the negotiations by instantaneous method.

He can require parties to telegraph instead of using a slower method like the postal services [21] . The offeror has the choice to set a specific time until which the acceptance should reach him. Consequently, an offer expressed to continue for a fixed time may be legally retracted before the expiration of the benjamin franklin time limit unless previously accepted [22] . Criticism of the Postal Rule. In Household Fire and Carriage Accident Insurance Co v. Grant [23] , Thesiger LJ suggested that it is reasonable to treat the post office as the agent of both of the parties [24] . Evans rejected the essay suggestion on the basis that the post office and telegram company do not fall within the definition of agents, [25] to which acceptance may be communicated. Gcse Biology Coursework? Moreover, Post Office, as a governmental agency for public services, works under its own regulations. Character Essay? In truth both Post Office and telegraph companies are independent contractors for the transmission of messages [26] . Hence, Post Office is not responsible for the receipt of a letter because it is not concerned with possible misdirections [27] . Therefore Post Office could never be an agent but only a carrier between the why we write essays offer and acceptance [28] . Evans explains that under the dispatch rule, if a letter is lost it can be difficult to character essay prove that it was correctly addressed and prepaid [29] . For example, it could be the why we write offeree’s fault that the essay letter did not arrive. Nursing School Essay? Does that mean the offeror is the one who should suffer the on mercutio consequences? Under the dispatch principle, the postal rule is one-sided and unfair for the offeror. That’s why British and why we, American Telegraph Co v Colson [30] proposed a compromise rule whereby, “although the letter of acceptance must be received; once received it would be retrospectively effective as from its posting”. However, this proposal was rejected [31] . Another common argument for the establishment of the postal rule can be found in the dictum from Adam v Lindsell [32] : “If the [offerors] were not bound by their offer when accepted by the [offerees] till the character on mercutio answer was received, then the biology coursework [offerees] ought not to be bound till after they had received the character notification that the write [offerors] had received their answer and assented to it. And so it might go on ad infinitum” However, if this reason was acceptable in the 19 th Century, it is character essay on mercutio, no longer relevant because of technology development and instantaneous methods of write communication.

Both of the parties can always check whether the offer or acceptance is successfully delivered by using telex, telephone etc. Postal Rule in the New Era of Technology Development. Whatever the reasons for the establishment of the postal rule in 1818, currently the situation is completely different. As time has passed and technology has developed, the speed and range of communication has increased [33] . After the on mercutio invention of the Press in the 15 th Century, the Telegraph System in essay questions the 1830s, the Telephone (1876) and Telex System(1930s) the world was ready to face up to new technologies that would change everything. In current times, the enormous success of Google, Amazon, Facebook, E-bay, Hotmail and Yahoo illustrates how consumer and businesses alike have embraced internet and electronic commerce in the last decade [34] . Consequently, there are many arguments that the instantaneous methods of communication and internet communications make the postal rule redundant. Unfortunately there is character on mercutio, still ambiguity, uncertainty and legal arguments about e-mail contracting . The problem derives from the fact that there is no direct authority on the question of whether e-mail communication can be determined as an instantaneous or a non-instantaneous method [35] . The most common argument is that e-mail is not direct between the parties and messages are broken up into packets that travel around internet networks [36] . Therefore, e-mail is a non-instantaneous method of communication and essay, Murray [37] suggested that “postal rule should apply to e-mail acceptances, because they are neither direct, nor reliable [38] and the acceptor sending his e-mail does not know immediately whether or not the communication was successful” [39] . This is true, but there is a weakness in his judgment, for character essay on mercutio he has not considered that there is top movie reviews, always possibility for the acceptor to character on mercutio check the succession of his e-mail by using telephone. Furthermore, Capps argues that the acceptor has some control over a sent e-mail in reviews that it can often be recalled [40] . Maybe this is why Murray withdraws this interpretation later in his article in character on mercutio 2005 [41] . Edwards and Waelde propose one solution that would be convenient for write both of the essay parties; that e-mail is deemed to why we write be received when the sender receives the recipient’s acknowledgment of the delivery, [42] as in 1996 UNCITRAL Model Law on E-Commerce, Art 14(3). Under this provision, if a data message has been made conditional on on mercutio receipt, the data message is treated as though it has never been sent until the acknowledgement is reagan, received. This is why the postal rule is not such a burden if manipulated intelligently. In the US, another postal rule regulation can be seen in the Uniform Computer Information Transactions Act 2000 (UCITA) where section 203(4) states that “if an offer in an electronic message evokes in electronic message accepting the offer, a contract is formed when an electronic acceptance is essay on mercutio, received [43] . A frequently used moral argument for justifying the postal rule is to put the risk of delay on the party choosing the communication method [44] . Why We Write Essays? However, this is no longer convincing because in the 21 st Century, companies have a range of communication choice to make a contract.

If they would like to protect themselves from the postal rule effect, they could use instantaneous method, which will be more safe and secure. On Mercutio? Therefore, if A makes an offer by telephone, and B sends the acceptance by questions e-mail that never reaches A, then A will not be legally bound and risk is put on B’s decision. Another reason why postal rule is no longer needed is that most e-mail servers have the essay option to check whether an e-mail has been received and read. If the acceptor receives a failure notification, he can choose to nursing school questions resend it until he is certain about the successful delivery [45] . Therefore, loss and delay are no longer a problem. Character Essay On Mercutio? Even if they occur, they can be traced and corrected. When the postal rule was created, it provided a reasonable answer to franklin a genuine problem, in that the inherent delays in the principle method of communication (Postal services) led to uncertainties in contract formation. Nobody knows for character on mercutio certain what would have been the postal rule if established after the invention of the telegraph, telephone and telex. Write? However, if the same rule was produced in the era of essay Internet and e-mail communication, it would be absolutely unreasonable. Therefore, the ronald reagan essay postal rule may have been adequate in the 19 th Century.

However, at the present time it is inappropriate because of the technologies in our days, and the postal rule should be abandoned as an obstacle to fairness in contract law. A.D. Murray “Entering into essay Contracts Electronically: The Real W.W.W..”, in Edwards and Waelde (eds) (2000), “Law and reagan questions, the Internet: A Framework for Electronic Commerce” (Oxford: Hart Publishing: 2000), Adam v Lindsell (1818) 1 B. Ald. 681. A.W.B. Simpson “Innovation in Nineteenth Century Contract Law” , (1975) 91 LQR 247.

Brinkinbon Ltd v Stahag und Stahlwarenhandelsgesellschaft mbH [1983] 2 A.C. 34 (House of character Lords) British and American Telegraph Co v Colson (1871) LR 6 Exch 108. Byrne ? Co v Leon Van Tienhoven (1880) L.R. 5 (C.P.D.) 344. D. Capps “Electronic Mail and the Postal Rule” (2004) I.C.C.L.R. 207. D. Top Movie? M. Evans ‘ ’The Anglo-American Mailing Rule: Some problems of offers and essay on mercutio, acceptance in contracts by correspondence ’’ (1966) 15 International and reviews, Comparative Law Quarterly 553 – 575.

Dunlop v Higgins (1841) 7 M. W. 515. G.H.Treitel “The Law of Contract” , 12 th edition, (London Sweet Maxwell : 2007) H. Character? Blake The Royal Mail: a History of the British Postal Service - Telegraph. - Telegraph Online, Daily Telegraph and why we essays, Sunday Telegraph - Telegraph . 10 June 2010. Web. 17 Dec. 2010. Henthorn v Fraser [1892] 2 (Ch.) 27. I. Lloyd; D. Character On Mercutio? Mellor, “Telecommunications law”,( LexisNexis UK, London : 2003) In re Imperial Land Company of Marseilles v Harris’ Case (1871-72) L.R. 7 ( Ch.

App. Top Movie Reviews? ) 587. In re Imperial Land Company of Marseilles Townsend's Case (1871-72) L.R. 13 (Eq.) 148. In re National Savings Bank Association v Hebb's Case (1867) L.R. Character Essay On Mercutio? 4 (Eq.) 9. J. Newton, (1999) “ Issues of Electronic Commerce and Communications” 1 EBL 5,6 ; Issue 5, June.

J. Poole ‘ ’Contract Law’’ , 10 th ed., (Oxford University Press: 2010) L. Essay? Edwards; C. Waelde “Law and the Internet” - 3rd edition, (Hart Publishing: 2009) L. Edwards. Character Essay On Mercutio? (ed), “The New Legal Framework for E-Commerce in Europe” (Oxford, Hart Publishing: 2005) L. Koffman, E. Macdonald, ‘’The Law of Contract’’ 4 th edition, (Tolley:2001) P. Fasciano ‘’ Internet Electronic Mail: A last Bastion for the Mailbox Rule’ ’ (1996 – 1997) 25 Hofstra Law Review 1542. P. Todd “E-Commerce Law ” 1 st edition, ( Routledge-Cavendish : 2005 ) Quenerduaine v Cole ( 1883), 32 W.R. 185.

R.R. A by Walker “Leake’s Law of Contracts” 8th edition, (London: Stevens and Sons, Limited 119 120, Chancery Lane, Law publishers: 1931) S. Reagan Questions? Gardner ‘ ’Trashing with Trollope: A deconstruction of the Postal rules in Contract’’ (1992) 12 O.J.L.S. 2, 170-194. Stevenson, Jacques ? Co McLean (1880) L.R. 5 Q.B.D.

346. Stocken v Collin (1841) 151 E.R. 870, (1841) 7 M. W. 515. The United Nations Commission on International Trade Law Model Law on E-Commerce , (1996) Art 14(3) Uniform Computer Information Transactions Act (2000), 203(4) [1] G.H. Essay On Mercutio? Treitel “The Law of essays Contract, 12 th edition (2007), para 2-028. [2] Brinkinbon Ltd v Stahag und Stahlwarenhandelsgesellschaft mbH [1983] 2 A.C. 34 at 41.

[4] (1999) 1 EBL 5,6 , Issue 5. [6] P. Essay On Mercutio? Fasciano ‘’Internet Electronic Mail: A last Bastion for the Mailbox Rule’’ (1996 - 1997)25 Hofstra Law Review 1542. [7] (1966) 15 ICLQ 553 at 557. [8] Established by Lindley J in Byrne ? Co v Leon Van Tienhoven (1880) L.R. 5 (C.P.D.) 344, followed by write Henthorn v Fraser [1892] 2 Ch. 27 and Stevenson, Jacques ? Co McLean (1880) L.R. 5 (Q.B.D.) 346; Exceptions are Hebb’s Case (1867) L.R. 4 Eq. 9 and Townsend’s Case (1871) L.R. Character On Mercutio? 13 (Eq.) 148 – in both, the letter of revocation was posted, but not delivered before the acceptance took effect. Both regard such withdrawal effective.

[9] D. Capps “You’ve got mail” (2003) N.L.J 906, See also Adam v Lindsell (1818) 1 B Ald 681. [10] H. Blake, [14] (1966) 15 ICLQ 553 at nursing school, 559. [16] L. Koffman (2001) ‘’The Law of Contract’” , See also A.W.B Simpson (1975), 91 LQR 247. [17] S. Gardner (1992) 12 O.J.L.S. Character? 2, 170-194, p. 171. [19] (1878-79) L.R. 4 Ex. D. 216, at 223. [21] Quenerduaine v Cole (1883), 32 W.R.

185. [23] (1878-79) L.R. 4 Ex. D. 216, at 223. [24] Stocken v Collin (1841) 151 E.R. 870; Dunlop v Higgins (1841) 7 M. Reviews? W. 515. [26] (1966) 15 ICLQ 553 at 559. [30] (1871) LR 6 (Exch) 108. [31] Harris’ Case (1871-72) L.R.

7 (Ch. App.) 587. [32] (1818) 1 B Ald 681 at essay, 683. [33] I. Lloyd, D. Mellor(2003) “Telecommunications Law” at p.3; [34] Edwards, Waelde (2009) “Law and the Internet”, at p.89. [37] A.D.

Murray (2000) “Entering into a good essay Contracts Electronically: The Real W.W.W..”, in Edwards and Waelde (eds), “Law and the Internet: A Framework for Electronic Commerce” [38] Clearly, the delay in e-mail communication will not be as long as the delay using postal services, but uncertainty whether a message has arrived could be just as great. [39] Edwards, Waelde (2009) Law and the Internet, p.105. [40] D. Capps (2004) I.C.C.L.R. at 209. [41] (2005) L, Edwards (ed), “The New Legal Framework for E-Commerce in Europe” [42] Edwards, Waelde (2009) “Law and character essay on mercutio, the Internet”, p.105. [44] P. Nursing Essay? Todd, “E-Commerce Law” (2005) para 9.2.1. This student written piece of work is one of many that can be found in our University Degree Contract Law section. Join over character on mercutio, 1.2 million students every month Accelerate your learning by reagan questions 29% Unlimited access from just £6.99 per month.

Related University Degree Law Skills and Knowledge Essays. Word count: 2780. Of all of the character on mercutio elements which make up the definition of theft, which are . Word count: 2252. Word count: 1661. Word count: 1688.

Word count: 2560. Williams v. Roffey and essay on flatulence, Foakes v. Beer. Word count: 6598. Whether the common law fiduciary duty or duty of character essay fidelity and good faith gives . Word count: 5855. Trust Law: 'Where an unincorporated association is gcse biology brewing, dissolved, the present law presumes that . Word count: 2782. Related University Degree Contract Law essays. Thirdly, reasonableness also takes into account the question of on mercutio whether Robert and Lucy knew or ought reasonably to have known of the existence and extent of the benjamin essay term. In AEG(UK) Ltd v Logic Resource Ltd7, it was held that to satisfy the reasonableness requirement, the defendants need to know or. As previously stated actual undue influence requires that one party would exercise actual influence over the other which would induce them to enter into the transaction.18 The influence tends to be of on mercutio a kind which is similar to, but falls short of, duress.19 Slade LJ in a good Bank of Credit and. Part C c) Des and Ellie, a married couple, do the crossword together every week. Sometimes it is sent in on mercutio Ellie's name, and sometimes in Des'; whenever they win they share the a good leader essay winnings, which are usually only a few pounds.

Of all of the elements which make up the definition of character essay theft, which are . Appropriation has such a wide definition now, especially as it is linked to ronald reagan essay the element of dishonesty, that it distorts the distinctions between the offences. For example, the decisions in Gomez and Hinks make it difficult to distinguish between the character on mercutio offences of section 1 theft and section 15, obtaining property by deception. Trust Law: 'Where an unincorporated association is dissolved, the present law presumes that . For problems will arise where the ratio between benefits and burdens are seen to vary greatly, leaving calculations of biology brewing entitlement impractical. Essay On Mercutio? Another earlier case Re West Sussex Constabulary's Children and Benevolent Fund Trusts, is also seen to contradict the judgement in Re Bucks. Whether the common law fiduciary duty or duty of fidelity and good faith gives . That is the general rule. Essentially, the doctrine asserts that use of such restraints must not prevent the employee from utilizing 'the general skill and knowledge which an employee must necessarily obtain as opposed to knowledge of any matter and skill in any process in which the employer could be. Kelly 2003).

In the light of our scenario we can see that the consumer used the shoes on a 'hill-walking holiday'. The shoes are one-purpose goods and write, are not intended for specifically to be used on rugged terrain, as the retailer reasonably assumed. Williams v. Roffey and Foakes v. Beer. removing the requirement of consideration in contract modifications so that it is only required for the formation of the original contract. Reiter distinguishes modifying from original promises because: insofar as consideration serves to exclude gratuitous promise, it is of little assistance in the context of essay on-going, arms length, commercial transactions. of student written work Annotated by. experienced teachers Ideas and feedback to. improve your own work. Marked by Teachers, The Student Room and Get Revising are all trading names of The Student Room Group Ltd. TurnItIn the anti-plagiarism experts are also used by:

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Importance Of Education In Our Life. A society which is uneducated cannot think on character, rational lines. In the medieval period, long before the renaissance, people often fought mindless wars that resulted in bloodshed as they were illiterate and ignorant. Importance of essays, education in modern times cannot be understated as it forms an essay, integral part of questions, our lives in following ways: Improve position in society: All money in the world will not give you satisfaction and prestige as the education can.

Women were enslaved and looked down upon due to the lack of education. As they become literate the outlook of the society improved. In fact, if you want to essay, move within the certain segment of the nursing questions, people, it is character essay important to be qualified or get a certain level of biology coursework, education. Eliminating superstitions: Superstitions have percolated to every part of the society with people blindly following them without any scientific base. They have existed since ancient times, however, educated person questions the age old customs and practices. He / she doesn’t follow the rituals blindly because change is the name of the game on the planet. Rational thinking: Believing anything without a reason is not the trait of an educated person. Character Essay. For instance, a farmer may not able to analyze the fertility of the gcse brewing, soil and determine the type of the crops that are to character on mercutio, be grown. In olden times, in essay, the absence of research, people used to pray to the rain gods for character on mercutio a good harvest.

Therefore, education is ronald questions necessary to essay on mercutio, remove the different evils of the society. Education helps in evolution: Education plays an important role in the evolution of human life. Nursing School Essay Questions. Television became the household commodity in the 20th century while internet took over in 21st. Advancement in technology is only possible due to the education. Ignorant people are not able to understand the logic behind the natural phenomenon and are not able to develop a vision for the future.

Wide exposure: Through the use of educating, we come to know about the different cultures and traditions in the world. It helps people to become more tolerant of each other. Wide exposure enhances the knowledge base of the individuals and prepares them to face the essay, challenges of life in a better manner. In olden times, due to sheer ignorance, foreign travel was considered an gcse biology brewing, unholy activity and people had to on mercutio, undergo a purification process. Independent decision making: Education plays a very important role in a good leader, decision making by gaining feedback from others. Essay. A logical person would plan accordingly before starting any business venture.

If you are learned and knowledgeable, it is easier to plan the economic activity and determine whether it is profitable. Healthy lifestyle: Health is wealth is an old adage but the proverb holds a lot of meaning in modern times. People are now aware of the benefits of the vegetables and fruits however in past they were ignorant due to lack of education. As they are able to read, it is possible to view the blogs related to health on the internet. More and more people know how fresh food provides vitamins and minerals to improve the immune system of the body.

In addition, they have detailed knowledge about the symptoms that help them to get timely help from the diseases. Using new techniques to improve productivity: Education is a good essential to incorporate new techniques to improve the productivity of the employees. For instance, if the workers are not educated, they cannot use the machines which would help to boost the production. In other works, you have to be knowledgeable and skilled in a particular stream to perform various tasks in the modern world. Farmers should also update their knowledge about the new methods of irrigation to on mercutio, make agriculture more effective. Ethical values: As people become more informed, they know what is right and top movie, what is wrong.

Hence, the essay, society in all likelihood would not resort to wars however ignorance breeds prejudices and hatred. Medieval and the first as well second world wars are the result of biased thinking due to lack of modern and rational education. Working in a cross-cultural environment: An illiterate person may not be able to migrate to an alien land and work with the natives however educated people would take it up as a challenge and do everything to leader, achieve success. It is a wonderful attitude that develops due to the accumulation of knowledge perfectly capable of removing the darkness of ignorance. Growth of the essay on mercutio, country: Developing nations around the world have achieved 100% literacy. Educated society develops quickly because they are not bounded by the narrow realms of caste, creed, and religion. Instead, it focuses on the problems that hamper daily living.

The government elected by the educated citizens service the nation rather than ruling it. A corruption free society is only possible when people are blessed with the true knowledge of life. Lower infant mortality rate: Educated mothers are in leader essay, a better position to take care of the character, newborn infants. They consume nutritious food and supplements for the child so that he or she is born healthy. Mother listens to get doctors advice and gets her kids immunized to franklin on flatulence, prevent the occurrence of life-threatening diseases.

In addition, education parents focus on the all-round development of the children. Education is responsible for achieving the goals in life: An ignorant individual would never be able to plan and achieve success. It is only possible with the help of sustained education at different levels. Without the capability to read, write and think, human life is no better than an animal. Knowledge provides numerous means to the people to accomplish the goals.

For instance, if you want to become a successful entrepreneur, it is character on mercutio necessary to get an nursing, education about the relevant business domain. Conclusion: Child attending schools are taught under the on mercutio, supervision of capable teachers. They understand the biology coursework brewing, essence of character, life and gain invaluable knowledge about their surroundings. Fostering basic principles of write, humanity and reasoning, the modern education is an character essay, eye opener for every person on earth. In short, a balanced life and reputed standing in society is only possible with the shining light of knowledge. This essay is also available in Spanish. I took the inspiration for this essay from brewing ThePensters. They can help you in essay writing along with the educational process. Don’t forget to share your thoughts about importance of essay, education in the comments below.

importance of education importance of education essay importance of education in life education essay essay on importance of ronald questions, education importance of education in our life essay on education essay about education important of education Importance of on mercutio, education in society. 49 responses to “Importance Of Education In Our Life” There is no doubt education is really important for humans. And I truly agree to your statement that education is not limited to age. I recently read an article about biology coursework, a 92 years old lady who is pursuing a doctorate degree from Sydney University, Australia. Her name is Lis Kirkby. You can Google her name to know more about her. This proves that there is essay on mercutio no age limit to education.

Tony, Thanks for sharing the story about Lis. Truly inspiring! yes , you are absolutely right, sir. Can anyone tell me who the school essay, author to the commentary is? Without education, one couldn’t achieve big in his/her life. I’m not talking about the education you take from schools or college.

There have been so many examples in the past when people who don’t hold any big degree in their hands but changed the world. Yeah, I strongly agree that. Yes i agree with you. Yes, because Education is the key to success.I hope you learn something about what I said it is character essay on mercutio short but brief . realy,education is write very necessary for all human being it can not deny.if a person has no education they can not prove theirselves. A saying is that-wisdom is worshiped everywhere but king is not…… education is everything that you need in life it provides a world to be a better place. Subjects ends with classroom but education ends with life. I like your thinking very much. without education life is possible in modern period of time. human beings are incomplete without education. thank you so much for on mercutio learn about education…..

It is write really awesome that education is very necessary.i read all the comments. And they told the importance of education . Man without education is like a complete living being without an eye site.Just imagine. Education is like the most important food we will ever need (WATER). I do not think that man would have ever existed up to now in the absent of education (KNOWLEDGE). Thank alots for your posting.

NO EDUCATION NO DEVELOPMENT. Education is very important to because it makes our future bright. Essay On Mercutio. Education begin at reviews, the knees of a mother. Educatiion is a big achievments for people who aim a lot to explore the real essence of life! #128578; as i know, education is just for learn and earn. education also defines ur personality. No doubt, education is the basic foundation of any human being who wants to succeed in life and want to achieve his/her goals. But today’s education system is character on mercutio totally f****d up. Education has become a business and essay, teachers don’t take pride in their profession like before.

Education is a must for every living being. In today’s world, education has become a need. It is true that there is no life without education. Well thanks for providing us a short and sweat essay on such a great topic. Nice Essay I am thankful to the writer of this essay . I prepared my assignment with the help of this essay. Truly impressive Thank you sir! Very helpful to me. sure education is the character on mercutio, key to human success in life. their is this saying that says he who is not educated can never be forgiven of his sin but he that has education can be forgiving I believe that in term of moral norms and values.thanks. To acheive our Ultimate goal in life education is the most important point. Was a very pleasing and reviews, soothing explanation on education.

Explained all basic and necessity thing that a educated man has. Really was a very soothing and essay on mercutio, heart touching essay . Thanks my essay point. I completed my English project because of your essay. Teaches us the real sense of why we write, education ? The points given are wonderful, all is true and was nicely explained or pointed out. Character On Mercutio. Education really is a magnificent thing that shouldn’t be neglected and should be experienced or should have by everyone. Education as stated has not only one but many more advantages and gifts to an individual and to the society itself, education produces knowledge that when honed can become a sustainable competitive advantage of an leader essay, individual and of a company. Education also not just produces knowledge but also builds confidence for character essay on mercutio anyone to put into action what he/she has learned or gained. This essay is benjamin franklin essay a truly powerful one. thanks to the writer. Very nice and helpful essay.Helped a lot with my assignment.Good job with this essay. A man without education, Life is incomplete.Every life is character essay on mercutio not possible to questions, achieve his /her goal without education. Education is never ending process…

The story of character essay, LIS is very inspiring. at 45 I’m doubtful about pursuing my masters degree, coz i thought I AM too old for this, but LIS at 92 pursuing her doctorate. This showed me that education has no age limit. i will make a go of it. Benjamin Essay On Flatulence. thanks for sharing lis story. Eduction is a thing which is very important for our life. When we take risk then we will get education. nice essay … its help me a lot.. thanks this essay show the importance of education not only in our life but also in our society. education is character very important for every person . well educated people make good society .. yea really agree with you education is the ronald, noblest of all life’s concept even the bible says that you should preserve your education for it is your future and this means that WD have to account for it in the presence of the author/creator. I truly agree with u master ji. Education is an on mercutio, essential human virtue, a necessity of society, basis of good life and sign of freedom. Education is important for integration of separate entities. Let’s take a look at the importance of education in benjamin franklin essay, our life: If you are in your academic career, then you might be hearing the words like ‘Education is Must’, ‘There is no Life without Education’ etc., right?

So, why all such words come from people around you? What is the importance of education in our life? Forget about it for a while! First, do you know what education really is? Those who don’t, here is definition of education by “The process of receiving or giving systematic instruction, esp. at a school or university: “a new system of public education”. Well, the essay on mercutio, education is not limited to schools or colleges only, nor it is limited to age. The things happening in top movie reviews, the practical life also educate us. Anyways, coming to the question in hand, read out the importance of education in our life below. Education Makes Better Citizens.

Man is character on mercutio nothing but an animal. It is the franklin, education that teaches him many things, teaches the manners, rules and regulations of life etc. All these things result in converting man from an animal to well-mannered citizen. Nothing in the life can be achieved if we don’t have belief on ourselves. Education is what brings self-confidence in us. We get the confidence of doing the things on our own. Our self-confidence then helps us in essay on mercutio, passing all the difficulties that come on on flatulence, way to our aim.

Education also makes us better in essay, communication with others. An educated person lives a happy life always. He/she has a bright future that on one can pull from them. Education wakes the hidden talent and skills of any person. This hidden talent and skills give us employment and a completely secure future. A Good Leader. It is the education that helps us in achieving new heights in our life. An educated person tries to understand each and every thing on its own rather than blindly following anyone else.

This results in spreading awareness everywhere. An educated person does not only reject the misconceptions him/herself, but also explains the real logic behind any happening, to others. Thus education clears out the darkness with the intense light of knowledge. Educated Persons Help in Progress of Country. People of any particular country can live happily only if the country has all the resources, or simply say, country is rich in essay, every aspect. Educated persons know pretty well that what is wrong and what is right. They do not need to ronald reagan, follow the words of third person. Educated persons are well aware from on mercutio their country’s rules and laws. They know pretty well about their duties and benjamin essay, fundamental rights.

They know the value of paying taxes, and thus pay their taxes on time. All these qualities of educated persons help them play a vital role in the progress of their country. So, this was the essay on mercutio, list of biology coursework, some benefits of education in our life. If there is no education, then there is no life. All those of you who are reading in good schools and colleges are indeed very lucky. You all have the golden chance to own the essay, ornament-like study, and to get yourself counted in the list of educated people. U r absulutely right. Education is the key of success without education human being couldn’t achieve anywhere in franklin essay on flatulence, your life. Really education is essay on mercutio most important for all human beings. If a person has no educated then he can’t prove themselves. For example :- I am saying some words, this is right up to great extent.

Wisdom is worshipped everywhere but king is not. Education is nursing questions more important because it makes our bright future better citizens. This always defines our personality. It was very helpful. It’s very helpful for me.

I really like your essay, it has given me inspiration for my year 6 speech thanks.

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contract resume As used in this subpart “Accrual of a claim” means the date when all events, that fix the alleged liability of either the character essay, Government or the contractor and permit assertion of the school, claim, were known or should have been known. For liability to be fixed, some injury must have occurred. However, monetary damages need not have been incurred. “Alternative dispute resolution (ADR)” means any type of procedure or combination of procedures voluntarily used to resolve issues in controversy.

These procedures may include, but are not limited to, conciliation, facilitation, mediation, fact-finding, minitrials, arbitration, and essay on mercutio use of ombudsmen. “Defective certification” means a certificate which alters or otherwise deviates from the a good leader, language in 33.207(c) or which is not executed by a person authorized to bind the contractor with respect to the claim. Failure to certify shall not be deemed to be a defective certification. “Issue in controversy” means a material disagreement between the Government and the contractor that (1) May result in a claim; or. (2) Is all or part of an existing claim. “Misrepresentation of character essay on mercutio fact” means a false statement of reagan essay questions substantive fact, or any conduct which leads to the belief of a substantive fact material to proper understanding of the matter in hand, made with intent to deceive or mislead. 41 U.S.C. chapter 71, Disputes, establishes procedures and requirements for essay on mercutio asserting and ronald essay questions resolving claims subject to the Disputes statute. In addition, the Disputes statute provides for (a) The payment of interest on contractor claims; (b) Certification of contractor claims; and.

(c) A civil penalty for contractor claims that are fraudulent or based on a misrepresentation of fact. (a) Except as specified in paragraph (b) of this section, this part applies to any express or implied contract covered by the Federal Acquisition Regulation. (b) This subpart does not apply to any contract with (1) A foreign government or agency of that government; or. (2) An international organization or a subsidiary body of that organization, if the character on mercutio, agency head determines that the application of the Disputes statute to the contract would not be in the public interest. (c) This part applies to all disputes with respect to contracting officer decisions on matters “arising under” or “relating to” a contract.

Agency Boards of Contract Appeals (BCAs) authorized under the Disputes statute continue to essay on flatulence have all of the authority they possessed before the character, Disputes statute with respect to disputes arising under a contract, as well as authority to decide disputes relating to a contract. The clause at 52.233-1, Disputes, Disputes, recognizes the “all disputes” authority established by why we, the Disputes statute and states certain requirements and character limitations of the Disputes statute for the guidance of contractors and contracting agencies. The clause is not intended to affect the rights and obligations of the parties as provided by the Disputes statute or to a good essay constrain the authority of the statutory agency BCAs in the handling and deciding of contractor appeals under the Disputes statute. The Government’s policy is to try to resolve all contractual issues in controversy by mutual agreement at character on mercutio, the contracting officer’s level. Reasonable efforts should be made to resolve controversies prior to the submission of why we essays a claim. Agencies are encouraged to character use ADR procedures to the maximum extent practicable.

Certain factors, however, may make the use of ADR inappropriate (see 5 U.S.C. 572(b)). Gcse Biology Coursework. Except for arbitration conducted pursuant to the Administrative Dispute Resolution Act (ADRA), (5 U.S.C. Character. 571, et seq .) agencies have authority which is separate from ronald reagan questions that provided by the ADRA to use ADR procedures to resolve issues in controversy. Agencies may also elect to proceed under the authority and requirements of the ADRA. 33.205 Relationship of the Disputes statute to Pub. L. 85-804. (a) Requests for relief under Public Law 85-804 (50 U.S.C. 1431-1435) are not claims within the essay on mercutio, Disputes statute or the nursing essay, Disputes clause at 52.233-1, Disputes, and shall be processed under Subpart 50.1, Extraordinary Contractual Actions. However, relief formerly available only under Public Law 85-804; i.e., legal entitlement to rescission or reformation for mutual mistake, is essay on mercutio now available within the authority of the contracting officer under the Contract Disputes statute and the Disputes clause. In case of a question whether the contracting officer has authority to nursing essay questions settle or decide specific types of essay on mercutio claims, the contracting officer should seek legal advice.

(b) A contractor’s allegation that it is entitled to rescission or reformation of its contract in order to correct or mitigate the effect of a mistake shall be treated as a claim under the Disputes statute. A contract may be reformed or rescinded by the contracting officer if the contractor would be entitled to such remedy or relief under the law of Federal contracts. Due to the complex legal issues likely to be associated with allegations of legal entitlement, contracting officers shall make written decisions, prepared with the advice and assistance of franklin essay legal counsel, either granting or denying relief in whole or in part. (c) A claim that is on mercutio either denied or not approved in its entirety under paragraph (b) of this section may be cognizable as a request for relief under Public Law 85-804 as implemented by benjamin essay on flatulence, Subpart 50.1. However, the claim must first be submitted to the contracting officer for consideration under the Disputes statute because the claim is not cognizable under Public Law 85-804, as implemented by Subpart 50.1, unless other legal authority in the agency concerned is determined to be lacking or inadequate. (a) Contractor claims shall be submitted, in character essay writing, to the contracting officer for a decision within 6 years after accrual of a claim, unless the contracting parties agreed to a shorter time period. This 6-year time period does not apply to reviews contracts awarded prior to October 1, 1995.

The contracting officer shall document the character, contract file with evidence of the date of receipt of any submission from the contractor deemed to be a claim by the contracting officer. (b) The contracting officer shall issue a written decision on any Government claim initiated against a contractor within 6 years after accrual of the claim, unless the contracting parties agreed to a shorter time period. Why We Write Essays. The 6-year period shall not apply to contracts awarded prior to October 1, 1995, or to a Government claim based on a contractor claim involving fraud. (a) Contractors shall provide the certification specified in paragraph (c) of this section when submitting any claim exceeding $100,000. (b) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.

(c) The certification shall state as follows: I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the character on mercutio, contract adjustment for which the contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the contractor. (d) The aggregate amount of both increased and leader decreased costs shall be used in character determining when the dollar thresholds requiring certification are met (see example in 15.403-4(a)(1)(iii) regarding certified cost or pricing data). (e) The certification may be executed by reviews, any person authorized to bind the contractor with respect to the claim. (f) A defective certification shall not deprive a court or an character essay on mercutio agency BCA of jurisdiction over that claim. Prior to the entry of a final judgment by a court or a decision by an agency BCA, however, the court or agency BCA shall require a defective certification to be corrected. (a) The Government shall pay interest on a contractor’s claim on the amount found due and biology brewing unpaid from the date that (1) The contracting officer receives the claim (certified if required by essay on mercutio, 33.207(a)); or. (2) Payment otherwise would be due, if that date is later, until the essay on flatulence, date of payment. (b) Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Disputes statute, which is applicable to the period during which the contracting officer receives the claim and on mercutio then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. (See the reagan, clause at 52.232-17 for the right of the on mercutio, Government to collect interest on its claims against a contractor.) (c) With regard to claims having defective certifications, interest shall be paid from either the date that the contracting officer initially receives the claim or October 29, 1992, whichever is later. Leader. However, if a contractor has provided a proper certificate prior to October 29, 1992, after submission of a defective certificate, interest shall be paid from the essay on mercutio, date of receipt by write, the Government of on mercutio a proper certificate. 33.209 Suspected fraudulent claims.

If the contractor is benjamin franklin essay on flatulence unable to support any part of the claim and there is evidence that the inability is attributable to misrepresentation of fact or to fraud on the part of the contractor, the contracting officer shall refer the matter to the agency official responsible for investigating fraud. 33.210 Contracting officer’s authority. Except as provided in this section, contracting officers are authorized, within any specific limitations of their warrants, to decide or resolve all claims arising under or relating to a contract subject to character essay on mercutio the Disputes statute. In accordance with agency policies and write 33.214, contracting officers are authorized to use ADR procedures to resolve claims. The authority to decide or resolve claims does not extend to (a) A claim or dispute for penalties or forfeitures prescribed by statute or regulation that another Federal agency is specifically authorized to administer, settle, or determine; or. (b) The settlement, compromise, payment, or adjustment of character any claim involving fraud. 33.211 Contracting officer’s decision. (a) When a claim by or against a contractor cannot be satisfied or settled by mutual agreement and a decision on the claim is necessary, the contracting officer shall (1) Review the top movie, facts pertinent to character essay on mercutio the claim; (2) Secure assistance from a good essay legal and other advisors; (3) Coordinate with the contract administration officer or contracting office, as appropriate; and. (4) Prepare a written decision that shall include (i) A description of the claim or dispute; (ii) A reference to the pertinent contract terms; (iii) A statement of the factual areas of agreement and disagreement; (iv) A statement of the contracting officer’s decision, with supporting rationale; (v) Paragraphs substantially as follows: “This is the final decision of the Contracting Officer. On Mercutio. You may appeal this decision to the agency board of contract appeals. If you decide to biology appeal, you must, within 90 days from the character, date you receive this decision, mail or otherwise furnish written notice to the agency board of contract appeals and provide a copy to the Contracting Officer from whose decision this appeal is taken.

The notice shall indicate that an appeal is intended, reference this decision, and identify the ronald essay, contract by number. With regard to appeals to the agency board of contract appeals, you may, solely at your election, proceed under the board’s (1) Small claim procedure for claims of $50,000 or less or, in the case of a small business concern (as defined in the Small Business Act and regulations under that Act), $150,000 or less; or. (2) Accelerated procedure for claims of $100,000 or less. Instead of appealing to essay the agency board of contract appeals, you may bring an gcse coursework action directly in the United States Court of Federal Claims (except as provided in 41 U.S.C. Essay. 7102(d), regarding Maritime Contracts) within 12 months of the date you receive this decision”; and. (vi) Demand for payment prepared in accordance with 32.604 and 32.605 in all cases where the decision results in a finding that the reagan essay, contractor is indebted to essay on mercutio the Government. (b) The contracting officer shall furnish a copy of the decision to the contractor by certified mail, return receipt requested, or by any other method that provides evidence of receipt. A Good Leader. This requirement shall apply to decisions on claims initiated by or against the contractor.

(c) The contracting officer shall issue the essay on mercutio, decision within the following statutory time limitations: (1) For claims of a good leader $100,000 or less, 60 days after receiving a written request from the contractor that a decision be rendered within that period, or within a reasonable time after receipt of the claim if the contractor does not make such a request. (2) For claims over essay $100,000, 60 days after receiving a certified claim; provided, however, that if a decision will not be issued within 60 days, the contracting officer shall notify the contractor, within that period, of the time within which a decision will be issued. (d) The contracting officer shall issue a decision within a reasonable time, taking into account (1) The size and top movie reviews complexity of the claim; (2) The adequacy of the contractor’s supporting data; and. (3) Any other relevant factors. (e) The contracting officer shall have no obligation to render a final decision on any claim exceeding $100,000 which contains a defective certification, if within 60 days after receipt of the character on mercutio, claim, the contracting officer notifies the contractor, in writing, of the reasons why any attempted certification was found to write essays be defective. (f) In the event of character essay on mercutio undue delay by top movie, the contracting officer in rendering a decision on a claim, the character essay, contractor may request the tribunal concerned to direct the contracting officer to issue a decision in a good essay a specified time period determined by the tribunal. (g) Any failure of the contracting officer to issue a decision within the required time periods will be deemed a decision by the contracting officer denying the claim and on mercutio will authorize the contractor to file an appeal or suit on the claim. (h) The amount determined payable under the decision, less any portion already paid, should be paid, if otherwise proper, without awaiting contractor action concerning appeal.

Such payment shall be without prejudice to the rights of either party. 33.212 Contracting officer’s duties upon appeal. To the extent permitted by any agency procedures controlling contacts with agency BCA personnel, the contracting officer shall provide data, documentation, information, and support as may be required by nursing essay questions, the agency BCA for use on a pending appeal from the contracting officer’s decision. 33.213 Obligation to continue performance. (a) In general, before passage of the Disputes statute, the obligation to continue performance applied only to claims arising under a contract. Character Essay. However, the Disputes statute, at 41 U.S.C.

7103(g), authorizes agencies to require a contractor to continue contract performance in accordance with the contracting officer’s decision pending a final resolution of any claim arising under, or relating to, the why we, contract. (A claim arising under a contract is a claim that can be resolved under a contract clause, other than the clause at 52.233-1, Disputes, that provides for the relief sought by the claimant; however, relief for such claim can also be sought under the clause at 52.233-1. A claim relating to a contract is a claim that cannot be resolved under a contract clause other than the character essay, clause at 52.233-1.) This distinction is recognized by the clause with its Alternate I (see 33.215). (b) In all contracts that include the clause at 52.233-1, Disputes, with its Alternate I, in the event of a dispute not arising under, but relating to, the contract, the contracting officer shall consider providing, through appropriate agency procedures, financing of the continued performance; provided, that the Government’s interest is properly secured. 33.214 Alternative dispute resolution (ADR). (a) The objective of using ADR procedures is to increase the opportunity for relatively inexpensive and why we expeditious resolution of essay issues in controversy.

Essential elements of ADR include (1) Existence of an issue in reviews controversy; (2) A voluntary election by both parties to participate in the ADR process; (3) An agreement on essay on mercutio, alternative procedures and terms to be used in lieu of a good essay formal litigation; and. (4) Participation in the process by officials of character essay both parties who have the gcse coursework, authority to character essay resolve the issue in controversy. (b) If the contracting officer rejects a contractor’s request for ADR proceedings, the contracting officer shall provide the contractor a written explanation citing one or more of the conditions in 5 U.S.C. 572(b) or such other specific reasons that ADR procedures are inappropriate for top movie reviews the resolution of the dispute. Essay On Mercutio. In any case where a contractor rejects a request of an agency for ADR proceedings, the school essay, contractor shall inform the agency in character essay writing of the contractor’s specific reasons for rejecting the request.

(c) ADR procedures may be used at school, any time that the contracting officer has authority to resolve the issue in controversy. If a claim has been submitted, ADR procedures may be applied to all or a portion of the claim. When ADR procedures are used subsequent to the issuance of a contracting officer’s final decision, their use does not alter any of the time limitations or procedural requirements for filing an appeal of the contracting officer’s final decision and does not constitute a reconsideration of the final decision. (d) When appropriate, a neutral person may be used to facilitate resolution of the issue in character essay controversy using the procedures chosen by a good leader, the parties. (e) The confidentiality of ADR proceedings shall be protected consistent with 5 U.S.C. 574. (f)(1) A solicitation shall not require arbitration as a condition of award, unless arbitration is otherwise required by law. Character Essay. Contracting officers should have flexibility to select the appropriate ADR procedure to resolve the issues in controversy as they arise. (2) An agreement to use arbitration shall be in write essays writing and shall specify a maximum award that may be issued by the arbitrator, as well as any other conditions limiting the range of character essay on mercutio possible outcomes. (g) Binding arbitration, as an ADR procedure, may be agreed to only as specified in agency guidelines. Such guidelines shall provide advice on the appropriate use of binding arbitration and when an agency has authority to settle an issue in controversy through binding arbitration.

(a) Insert the clause at 52.233-1, Disputes, in solicitations and reagan essay contracts, unless the conditions in 33.203(b) apply. Essay On Mercutio. If it is determined under agency procedures that continued performance is necessary pending resolution of any claim arising under or relating to the contract, the contracting officer shall use the top movie reviews, clause with its Alternate I. (b) Insert the clause at character, 52.233-4 in benjamin franklin essay on flatulence all solicitations and essay contracts.