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|Restrictions in having subcontract agreements Business Articles | October 4 , 2015
Not all contractual obligations may be performed by a subcontractor. These contracts do not suit every type of business – or the nature or the work involved.?Alternatively the main contract may ...
Not all contractual obligations may be performed by a subcontractor. These contracts do not suit every type of business – or the nature or the work involved.?Alternatively the main contract may restrict the right to sub-contract the performance obligations.
Typically, subcontracting is not possible where one of the following applies:
The main contract prohibits subcontracting.?The main contract may provide expressly or by implication that the contracting party will perform a particular obligation and is not entitled to delegate performance to a subcontractor. If the?customer is?concerned about subcontracting and the involvement of third parties, a provision against subcontracting should be?expressly included in the main commercial contract. The contractual obligations are of a special nature that require personal performance by the original contracting party.?Some contractual obligations are manifestly too personal to be subcontracted because the original party's performance is the essence of the contract, for example, a contract to paint a picture or to write a book or play. It can be implied from the circumstances that the parties do not intend to allow subcontracting.?The test here is whether the?supplierhas?agreed personal performance or merely a result. If the latter, the?customer?to the main contract?may in certain situations?bound to accept the subcontractor's performance. However, if it can be shown that the?supplier?was chosen because of?its?particular qualifications, skill, competency or financial position, then?it may not be possible to subcontract?performance?obligations. In this situation the?supplier may be in material breach of the main contract if it does not undertake the performance obligations itself.
Whether personal performance is essential to the contract?will?depend on?a number of factors including?the parties' common intention inferred from the nature of the services, the terms of the contract and all the circumstances of the case. If?the customer?can show that?it?is placing reliance on the?supplier's particular skill or expertise, then the contract may be regarded as being of a personal nature.
It is advisable that the terms of a formal sub-contract should be agreed.?The terms of the sub-contract should mirror the performance obligations of the main contract. If the performance obligations do not mirror these terms then it could cause the supplier to breach the legal terms?of the main contract.
Which Test Automation Tools to Look for in 2018 Technology Articles | May 16, 2018
Automation testing is fast replacing manual testing and offers several benefits. The changing demands of software development has made automation testing a necessity. Let’s look at some test automation tools.
Manual testing is slowly being replaced by automation testing and there are several reasons for this. It offers several benefits and is necessary for software testers to meet the changing requirements of software development. Meeting quality standards, delivering high productivity, and ensuring optimum customer satisfaction, are some of the key benefits of automation testing.
Experts predict a significant increase in the prevalence of automaton testing across software development firms. Talking about its increasing relevance, today we shall look at some of the most promising automation testing tools to look for this year. They may not be very popular, but effective nonetheless. So, let’s get started.
Supporting cross browser testing for Firefox, Opera, headless browser, and IE, Watir is an open source automation testing tool for web application testing. It is based on Ruby libraries and supports several key integrations such as Cucumber and RSpec.
2] QARA Test
Developed by The Digital Group, QARA Test is a declarative zero-coding test automation platform that supports JIRA integration along with grid execution and remote test execution. The platform offers reporting capabilities and like Tricentis Tosca, offers a dashboard to facilitate effective analysis and management of test cases. It is based on open source Selenium and offers test tracking management feature as well.
3] Tricentis Tosca
Like most test automation tools, Tricentis Tosca supports web, mobile and API testing. A model-based platform, it offers a wide range of features to every tester’s delight! It allows continuous testing and offers a powerful dashboard for test case analysis. This is a powerful tool for the optimization of the reusability of test cases, along with risk analysis. This tool also supports Agile and DevOps.
So, there are several other automation tools out there that can help you switch to automation testing seamlessly and without any hassles. Have you tried a.