contract authority Flashcards
1
Q
general requirements for a K with a locality
A
(1) proper authority to enter into K
a K beyond scope of locality’s power – unenforceable
no implied contract recovery = if you K with locality, you do so at your risk if the locality actually does not have power to do so
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(2) follow proper procedure under the ordinance or statute [otherwise K will be void]*
*exception – court finds that it was a suggested procedure, not mandatory
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(3) approved by governing body by vote
[apparent authority of a mayor or chief executive officer of a locality is not enough to create binding K]
2
Q
when is equitable remedy ok
A
probably in situations other than when the contract was unenforceable due to the locality not having the power
