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ARTICLE · 30 NOVEMBER 2016

ABC of contracting procedures - necessary for local governments

DWF (Australia)
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No matter how big or small, local governments enter into hundreds of contracts throughout the course of the year.

AustraliaGovernment, Public Sector
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No matter how big or small, local governments enter into hundreds of contracts throughout the course of the year. Whether you contract using strategic contracting procedures or the default contracting procedures [Chapter 6 of the Local Government Regulation], basic contract principles will apply.

In this series, Kaden Boriss will re-acquaint you with these basic contract principles.

Today's topic: Agreement

There are four key elements needed to establish any contract:

(1) Agreement; (2) Consideration; (3) Intention to be legally bound; (4) Certainty of terms.

Classically, agreement is reached by one person making an offer and another party accepting that offer. For an agreement (necessary to create a binding contract), the acceptance needs to be in the same terms as the offer.

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