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Private parties entering into a contract with one another (i.e., commercial contracts) have more freedom to establish a broad range of contract terms by mutual consent compared to a private party entering into a contract with the Federal Government. Each private party represents its own interests and can obligate itself in any lawful manner.
MA Chirelstein, Concepts and Case Analysis in the Law of Contracts (6th edn 2010) EA Farnsworth, Contracts (2008) LL Fuller, MA Eisenberg and MP Gergen Basic Contract Law (9th edn 2013) CL Knapp, NM Crystal and HG Prince, Problems in Contract Law: Cases and Materials (7th edn Aspen 2012) Books. OW Holmes, The Common Law (1890) chs 7-9
Act on Public Contracts by Contracting Authorities in the Water, Energy, Transport and Postal Services Sectors (Act no. 1398 of 2016, also known as the 'Act on public contracts in special sectors') Act on Public Contracts in the Fields of Defence and Security. [119] [120] A Government Decree on Public Contracts was also in force until 2017. [120]
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In addition, section 48 of the Insurance Contracts Act 1984 (Cth) allows third-party beneficiaries to enforce contracts of insurance. Although damages are the usual remedy for the breach of a contract for the benefit of a third party, if damages are inadequate, specific performance may be granted (Beswick v. Beswick [1968] AC 59).
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Private water companies have existed in the United States for more than 200 years and number in the thousands today. The private water industry serves more than 73 million Americans. [7] According to the National Association of Water Companies (NAWC), more than 2,000 facilities operate in public-private partnership contract arrangements. [8]
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