Contract Practice for Alpha construction LTD.
Contract Practice 4css571 ________________ ________________ ________________ Cousework 2 ________________ Alpha construction LTD ________________ Hertfordshire School of Construction Ltd. ________________ Taha Sheikh-Noor 02171703 Courtney Bramwell 021212121 Shazad Mahmood 032321321 Nikolaos Michalakis 9233123129 Ali Faizollahi 92319023 ________________ ________________ ________________ Tables of contebnts Introduction The Project outline THEME 1 mEETING aGENDA and mINUTES Theme 1 Summary of Decisions Theme 1: Agreed Decisions THEME 2 mEETING aGENDA and mINUTES Theme 2 SUMMARY of Decisions Theme 2: Agreed Decisions THEME 3 mEETING aGENDA and mINUTES Theme 3 SUMMARY of Decisions Theme 3: Agreed Decisions THEME 4 mINUTES OF THE MEETINGS Evaluation Bibliography /REFERENCE ________________ ________________ Introduction ________________ Building projects are invariably continuums, whereby decisions taken at one stage will impact on future issues which arise. Furthermore, building projects depend on the interaction of various members of a team in order to be successful (Smith, 2004). A project requires complicated assessments, evaluations and decision making and performance throughout the project from inception through to completion.
Aspects of the law affecting construction projects.
Transfer-Encoding: chunked LAW AND CONTRACT PRINCIPLES AND PROCEDURES OF LAW Task 1 . Brown v Smith [1984] 2AER456 – Brown is the name of the plaintiff [the person or company filing the legal action]. V = versus [against] Smith [the defendant].1984 is the year the judicial precedent was set. 2AER456 is Volume 2 of one of a series of Law Reports AER being All England Law Reports followed by page number 456. . Defences available to a person being sued in an action for tort. 1. Volenti nin fit injutia – meaning consent negates the risk – ‘there is no injury to a willing person’. If someone is aware of and has agreed to accept the risk then they cannot at a later date sue if that risk occurs. This occurs when the plaintiff knew of the risks, was aware that the defendant was negligent and continued to accept the risks. An example of this is Ashton v Turner and another 1980 where Ashton, the plaintiff, and the 2 defendants planned a robbery using one of the defendant’s cars. All went drinking prior to the burglary but Ashton was injured in an ensuing chase. The plaintiff sued both defendants for negligence, Turner for dangerous and drunken driving and the other defendant for allowing Turner to derive without insurance. 2. Statutory Authority - a number of states authorise acts which, but for the power conferred by the statute would constitute a tort.
I have been asked to advise a client on considering contracting with a building company to build new head offices in the area. I will explain the rules of offer and acceptance. Rules of intention, legal capacity, specific contract terms, standard form con
Common Law Assignment 1 I have been asked to advise a client on considering contracting with a building company to build new head offices in the area. I will explain the rules of offer and acceptance. Rules of intention, legal capacity, specific contract terms, standard form contracts and exemption clauses. Offer An offer is a definite promise to be bound on specific terms. (BPP Common Law 1994) The offer has to be specific in order to actually constitute an offer. For example in the case of Gunthing V Lynn 1831 the facts of the case were the offeror to pay a further sum for a horse if it was 'lucky'. The offer was too vague so the judge said it was not specific enough to constitute an offer. It could constitute an offer if the offeror said that he/she would buy the horse if it wins the 2.30pm race at Oxford. Invitation to treat An invitation to treat is an indication that someone is prepared to receive offers with the view to forming a binding contract. It is not an offer in itself. (BPP Common Law 1994) There are four types of an invitation to treat. . Auction sales At an auction the bid itself is an offer and then the auctioneer can either accept or reject the offer. A good example of this is the case of Payne and Cave 1789, the defendant made the highest bid for the plaintiff's goods at an auction sale, but he withdrew his bid before the fall of the
Four ways in which a contract may be discharged.
DISCHARGE OF THE CONTRACT. There are four ways in which a contract may be discharged. > Agreement. > Performance. > Frustration. > Breach. . DISCHARGE BY AGREEMENT. A contract can be discharged in precisely the same way it was formed. Notice that there must be consideration from both sides. 2. DISCHARGE BY PERFORMANCE. Complete and proper performance will discharge both parties. The original rule was that performance must be precise and exact. Re Moore & Co Ltd and Landauer & Co [1921] 2 KB 519. A contract was drawn up for the sale of tinned fruit stating that the tins were to be packed 30 tins to a case. When the goods arrived, although the correct number of tins was delivered, they were packed in cases of only 24 tins. This could lead to unjust results. Cutter v Powell (1795) 6 Term Rep 320. The defendant agreed to pay Cutter 30 guineas provided he executed his duties as second mate on a voyage from Kingston, Jamaica to Liverpool. Cutter began the voyage but died when the ship was 19 days short of Liverpool. Cutter's widow claimed a portion of the wages. The courts have established a number of equitable principles with the aim of achieving justice between the parties. (a) Substantial Performance. If the contract has been substantially performed the innocent party cannot treat himself as discharged but may be able to counter-claim his loss sustained by
Contract Law - Offer And Acceptance
Contract Law Offer And Acceptance Contract Unilateral - Bilateral Contract Subjective-Objective Approach To An Agreement Offer Invitation To Treat Counter-offer Revocation Of Offer, Recall of Acceptance Acceptance Postal Rule-Limitation Contract Definition * Is an agreement between two or more parties that is intended to be legally binding (enforceable agreement) * Legally binding agreement needs of offer, acceptance, intention to create legal relations and consideration(difference between social agreement and legal agreement) * Is any promise or set of promises made by one party to another for the breach of which the law provides remedies * The remedies for the breach of contract is an award of monetary compensation, injunction, & specific performance(quantum meruit) Essential Element * The promise or promises may be express (either writing or oral) or may be implied from circumstances * Needs of writing is not essential for contract the Courts of US approved that as long as there is meeting of minds as though there is written, formal, signed contract then contract exists * However, for certain type of contract signed writing contract is needed (Statute of Fraud) * Mass production and nationalisation have led to the standard form contract * Freedom of contract is modified by some acts such as Consumer Credit Act 1974 & Unfair Contract Act
Assighment For Leagal Method and Reaserach
ASSIGHMENT FOR INTERNATIONAL TRADE LAW Introduction International trade transaction is essential for the sale of goods with the addition of an international element. In practice, the seller and buyer are in different countries where the goods must travel from the seller's country to the buyer's country by various means of transports. In international sale of goods, they usually transit the goods by sea because of the international transactions. Therefore, contracts for the carriage of those goods must be procured between the seller or buyer and common carrier depending on different types of sale of contracts. Moreover, in most of incidences, the agreed goods are usually insured at a reasonable amount in case of being loss or damaged during the transit. The goods must also be paid for by various methods of payment to facilitate international trade. This essay aims to analyse the possible claims from our advising buyer G arising from other parties to the contracts involved in this transaction. The essay will also analyse the legal relationships of all parties created that their respective rights and duties may have in the transaction. In doing so, it will discuss sale of contracts on c.i.f. terms firstly, where it involves two other contracts respectively. Then, I will mainly analyse the duties of the shipper in the contract of carriage. Next, the most discussion will be
DIFFEERENT AREAS OF CONTRACT LAW
CASE STUDY LAW CASE STUDY 1 This is an unenforceable agreement which courts will refuse to enforce. It is a gambling agreement or Sponsione Ludicrae (Ludicrous promises). It's a contract in which people enter by usually placing a bet on a variety of sporting event or activity. The courts will not enforce these kinds of disputes which arise out of these agreements as they regard them as beneath them and their dignity. This stems from the time of Christianity which was a much more powerful force. Gambling was seen as a social evil and in no circumstances was such activity to be tolerated and promoted. They seen by denying gamblers an effective means of enforcing these kinds of agreement courts were more or less telling people they did so at their own risk. Relevant cases Ferguson v Littlewoods Pools Ltd (1997) - Members of a pool syndicate had won several millions of pounds on a football coupon or so they thought. The syndicate was unaware that the agent for Littlewoods pools had not forwarded the stake money as he had stolen it. When theft was recovered the syndicate members demanded that Littlewoods honour the winning tickets. Littlewoods claimed they had never received the winning tickets. The syndicate argued that Littlewoods was responsible for the actions of its dishonest agent. The syndicate took this to court. The Court of Session held by Lord
LAW OF CONTRACT. LAW 103. THE CONTENT OF THE CONTRACT.
LAW OF CONTRACT. LAW 103. THE CONTENT OF THE CONTRACT. . CONTRACTUAL TERMS. The terms of a contract identify the rights and obligations of each party under that contract. A contract is merely a collection of terms - duties and rights and penalties, some of which may be in writing and some of which may be oral. Terms create contractual obligations for breach of which an action lies. Terms may be either express or implied. Express terms. Express terms are those which are specifically agreed by the parties. Implied terms. Implied terms are those which form part of the contract but they have not been specifically agreed between the parties during the negotiations for that contract. Terms may be implied into the contract in a number of ways;- Terms implied through custom and practice. Perhaps a most obvious example here would be the fact that contracts in the baking industry that make reference to the term 'dozen' may actually mean thirteen rather than twelve as that is a custom within that industry. "It has long been settled that, in commercial transactions, extrinsic evidence of custom and usage is admissible to annex incidents to written contract, in matters with respect to which they are silent... and this has been done upon the principle of presumption that, in such transactions, the parties did not mean to express in writing the whole of the contract by which
In advising Bennys position of the interest over the said property (the flat), it is necessary to examine the relationship between Amy and Benny, because, the flat is at Amys sole name.
In advising Benny's position of the interest over the said property ("the flat"), it is necessary to examine the relationship between Amy and Benny, because, "the flat" is at Amy's sole name. It is not arguable, Amy is the legal owner and subsequently withheld the legal title. Also, they are unmarried couple and started cohabiting lived at "the flat". Besides "the flat" was free of mortgage, in virtue of Amy's earned profits made from her investments. Thus, it is difficult for Benny to entitle as he wished at least a half share of "the flat". In analysis the proposition of legal authority, there are two limbs of recognised interest over "the flat", either legal interest or equitable interest. Legal interest is binding upon to the whole world, all subsequent created legal or equitable interest. Admittedly, Benny did not have such legal interest (or estate). The legal interest (or estate) is enforced by the common law rules, as well defined at Section 2 of CPO1 in statutory and creates into formalities (emphasis on 'form'). It means that "the flat" is to be disposed (i.e. transferred and created) its legal interest by assignment ("conveyancing document"). Must be in the form of a deed signed, sealed and delivered by the vendor (one hold legal title as legal owner) to effect a valid transfer of legal estate2. Owing to Amy's sole name over "the flat", then Benny did not have
"The requirement of consideration is an unnecessary complication in the formation of contracts."
Elements of the law of contract Zone A examination paper Question 1 "The requirement of consideration is an unnecessary complication in the formation of contracts." Consideration is probably regarded as one of the most controversial issues in the law of contract. The traditional and/or orthodox doctrine is based on the principle of "reciprocity", which seems to suggest that a promise given should be exchanged for something in return. The requirement of Consideration was established since the sixteenth century in Common Law. The first mention of which had been in the form of quid pro quo, inter alia, a promise for a promise, and later, it was acceptable that even a detriment or forbearance like fulfilling the promise to marry such as in the case of Shadwell v Shadwell[1860] would be sufficient consideration. Consideration was first associated with debt such as in the Pinnel's case and had subsequently spread to other simple contracts. This has been criticized by Lord Mansfield in 1756, and was in view that it could only be treated as evidence of the parties' intention and held that a moral obligation should be sufficient consideration. It was only in the case of Eastwood v Kenyon[1840] that Lord Denman confirmed that the law required some factor additional to a defendant's promise, which is, consideration, whereby the promise becomes legally binding. So, if a
