The legal nature of government contracts
Abstract
This thesis deals with the legal nature of government
contracts in Australia. It deals with the law relating to
and governing federal contracts. The scope of this body of
law is broad and somewhat complex. It includes several aspects
of constitutional law relating to the structure and operation
of the government as well as a substantial amount of law that
might normally be categorised as sales or contract law.
Contracting for supplies and services is only one of the
several means by which the government can satisfy its needs.
The government can perform the work itself, the supplies can
be requisitioned or the right of eminent domain can be invoked.
These alternate techniques have all been used at one time or
another, especially during periods of crisis or emergency.
Under normal circumstances, however, the government has chosen
to fulfil the vast majority of its needs by contracting for
them - the method most consistent with a private enterprise
economy.
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