Sunday, July 28, 2019
Briefing assignment Essay Example | Topics and Well Written Essays - 750 words
Briefing assignment - Essay Example Spokane moves to the trial court to contest Skylineââ¬â¢s argument on monetary damages. The trial court accepts Spokaneââ¬â¢s application and rules in their favor .Trial court then rules that there existed no agreement despite skyline being earlier on issued winning the contract through competitive bidding. Skyline is not appeased by the trial court judgment summary and moves to the court of appeal on grounds that they won the bid and the written awarded contract was a proof of an agreement. An award can be a prove of a contract depending on terms of bidding by any party. while arguing on company experience and employee experience one need o acknowledge the fact that competitive bidding is meant to create a level playing ground and that a public institution bases public interest first hence company experience runs supreme. Monetary damages and injunctive relief apply only between two private contracts and that public entity work based on public interest rather than personal benefits. Court of appeal division three agreed with the appellant on the fact that an award proved an existence of an agreement between the two parties. The court however ruled that the appellant was not entitled to monetary damages compensation because the contract agreement differed from other private agreement. The correspondent in this case was a public entity and worked based on set public policies. In that, any decision was based on public interest rather than personal befits and that awarding monetary compensation would be on the interest of the appellant rather than the public interest. The court acknowledged the fact that an award may be challenged in a court of law hence rejects Skylines argument on their position being different from rejected bidders. Glenn agrees to become a network provider at Health Link after signing HMO and PPO agreements. This agreement provided ground for renewal and termination of the contracts. Complaints
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.