The Law of Government Contracts

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER II CONTRACTS CLASSIFIED 6. Kinds of Contracts Having denned a contract and outlined some of the general differences between government and private contracts, the classes into which contracts generally, and government contracts especially, are divided may next be considered: 1. Express and implied...
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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER II CONTRACTS CLASSIFIED 6. Kinds of Contracts Having denned a contract and outlined some of the general differences between government and private contracts, the classes into which contracts generally, and government contracts especially, are divided may next be considered: 1. Express and implied contracts 2. Executed and executory contracts 3. Written and oral contracts 7. Express Contracts Express contracts may be defined to be those in which the terms of the agreement are fully stated and agreed upon at the time of making. To quote the language of the Court of Claims (Mayer v. United States, 5 Ct. Cl. 317 1869 ), an express contract may be said to have been made when a proposition made by one party is met by an acceptance on the part of the other, which corresponds with it entirely and adequately. Express contracts may be either written or oral, executed or executory. 8. Implied Contracts Implied contracts, in the ordinary sense, arise in those cases in which no contract of any kind was explicitly made, but in which, from the circumstances and facts, the law raises the- presumption that the parties had intended to contract and did in fact contract. Implied contracts arise as between individuals, and also as between individuals and the government.Under its sovereign rights set forth in the Federal Constitution and its amendments, the government can seize personal as well as real property, and when it does so the law will imply an agreement on the part of the government to pay for property so taken. (See Act of October 6, 1917, and July 1, 1918, authorizing commandeering of property by officials and specifying methods of compensation.) 9. Executed and Executory Contracts Executed contracts are: (1) those contracts which hav...