Contract Authority Flashcards
Anyone contracting with a locality does so at his own peril, if…
the power to engage in a
particular activity is lacking or the locality has exceeded the power granted by the Legislature.
A contract beyond the scope of a locality’s power is called …
“ultra vires”
An ultra vires contract is…
unenforceable. (cannot recover from any implied contract)
Where the manner of making or awarding the contract is prescribed by _____ __ _____ _________, that procedure must be followed.
state law or local ordinance
if the required contract making process was not followed, the contract will be held void, unless:
the court finds that it was merely a
suggested procedure, not mandatory.
Parties dealing with a locality must verify the nature and extent of ___ ______ _________ prescribed under local ordinances and board approvals. This applies even to top officials.
its agents’ authority
Even
arrangements that are within the locality’s powers are unenforceable if they have not been…
properly approved by vote of its governing body.
A mayor or locality CEO’s apparent authority is (enough/not enough) to create a binding contract.
Not enough
