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· 8/4/1998

Technical Assistance International, Inc. v. United States

Citations

  • 150 F.3d 1369
  • 41 Fed. Cl. 1369
  • 42 Cont. Cas. Fed. 77,359
  • 1998 U.S. App. LEXIS 17885
  • 1998 WL 436821

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • applying federal common law and “hold[ing] that the only limitation upon the government’s ability to vary its requirements under a requirements contract is that it must do so in good faith”
  • finding no breach where the gov ernment reduced its requirements under a contract for the maintenance and repair of fleet vehicles, because it accelerated its replacement rate in order to improve the fleet
  • discussing balance between ordering flexibility and duty to act in good faith
  • “The party alleging a breach of contract bears the burden of proving the breach.”
  • “The buyer is likely to enter into [a requirements] contract when its needs are unpredictable and it wishes to preserve for itself the freedom to determine its level of consumption and to conduct its operations according to its best business judgment.”
  • “In the absence of such a showing [of bad faith], the buyer will be presumed to have varied its requirements for valid business reasons, i.e., to have acted in good faith, and will not be liable for the change in requirements.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lourie, Clevenger, Bryson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.