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.

  • Word count: 28165
  • Level: AS and A Level
  • Subject: Law
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Assess the impact of the introduction of the Human Rights Act 1998 on the rights of an individual in the UK.

Human Rights Act 1998 European Convention of Human Rights(ECHR) is drawn up by the Council of Europe after World War 2. The European Court of Human Rights is located at Strasbourg. The Convention sets out the rights and basic freedoms that people are entitled to expect. The Human Rights Act 1998(HRA) incorporates the rights enshrined by the European Convention of Human Rights into domestic law. Prior to the Human Rights Act 1998, a person can bring a case to court when the state has ratified the Convention. If a breach of rights is recognised by courts, UK will then amend their laws (that are in contrast with the ECHR), this may be expensive and slow. As the ratification of the Convention is not incorporation into domestic law, there is supremacy of the Parliament, hence judges have no jurisdictional basis on which they could employ the Convention. In the R v Inland Revenue Commissioner’s case it was held that will of parliament is upheld where the statute is clear and unambiguous. This position changed radically with the passing of Human Rights Act incorporating the Convention into domestic law. The Human Rights Act protects the rights such as the right to life (Article 2).There is no violation where a loss of life is due to reasonable self-defence and necessary for lawful arrest. However, the scope of Article 2 is broad and vague and it is unclear as to the duty that

  • Word count: 15780
  • Level: AS and A Level
  • Subject: Law
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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.

  • Word count: 9268
  • Level: AS and A Level
  • Subject: Law
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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

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  • Level: AS and A Level
  • Subject: Law
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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

  • Word count: 7731
  • Level: AS and A Level
  • Subject: Law
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How has the European Court of Human Rights contributed to the protection of children's rights under the auspices of the European Convention on Human Rights 1951

Children's Rights Coursework Question: How has the European Court of Human Rights contributed to the protection of children's rights under the auspices of the European Convention on Human Rights 1951 and has the United Nations Convention on the Rights of Children 1989 had an impact on the reasoning of the European Court of Human Rights behind its decisions in cases concerning children's rights? Briefly consider whether any national law standards on children's rights protection have been influenced by ECHR decisions or maybe have progressed further to protect children's rights in accordance with UNCRC principles. The European Convention on Human Rights is not a child-centred document, but it has the significant advantage of a court, which enforces Convention rights and has actually applied them to children in its jurisprudence. In contrast, the United Nations Convention on Rights of Children is a specific children-orientated instrument, which however lacks a court to enforce children's rights; the Children's Rights Committee has solely advisory role. The European Court's interpretation of ECHR, accommodating for children, has illuminated weaknesses in protecting some rights, never designed for children, like the cautiously interpreted civil and political rights, and strengths in protecting others, like the creatively interpreted right to life and freedom from torture1. The

  • Word count: 7678
  • Level: AS and A Level
  • Subject: Law
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In this report, the differences between contractual liability and tortuous liability are explained. In addition, nature of liability in tort of negligence is analyzed, including occupier liability, strict liability, health and safety issue

Table of Contents I. INTRODUCTION 3.1. Tortuous liability and contractual liability 3.1.1. UK legal system 3.1.2. Tortuous liability and contractual liability 3.2. Nature of liability of negligence 3.2.1. Legal aspects 3.3. Vicarious liability 3.3.1. General vicarious liability 3.3.2. Employer’s liability 3.3.3. Health and safety issues 3.3.4. Scenario analysis 4. Elements of tort of negligence II. CONCLUTION REFERENCES ________________ Memo To: Mr. Padmanaban Badri Narayanan From: Tran Nguyen Thao Suong Regarding: Report on Business Contract Date: 23th December 2012 Dear Mr. Padmanaban Badri Narayanan, I am Tran Nguyen Thao Suong from class SUD11, University of Sunderland. I wrote this memo to you in order to support you approach my work easily. I have spent times for doing this assignment. During the work, I understand some certain aspects of tort. I have also earned lots of essential knowledge and developed skills relating to the practical application of tort and other issues of liability and negligence relating occupier liability and vicarious that I can apply in real life situations. In addition, I discussed with my friends to sort out problems and come up with solutions. This attempt supports me a lot and enhances my teamwork ability.

  • Word count: 6715
  • Level: AS and A Level
  • Subject: Law
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Expert Testimony and Its Value In the Justice System

Matthew Bedford Expert Testimony and Its Role in the Justice System Student No: 036176 ________________ Contents Introduction 3 Background Information 4 Issues with Expert Testimony 5 The expert 5 The Evidence 9 Concurrent evidence 16 Conclusion 19 Introduction This project will analyse the current law relating to the procedures for the use of expert witnesses in England and Wales in relation to both criminal and civil trials. The project will highlight some of the issues in relation to expert testimony which have lead to miscarriages of justice. It will then consider the changes which have been proposed, such as those by the Chief Medical Officer (Sir Liam Donaldson) in his report on the use of expert witnesses in family law cases[1], and discuss how effective their implementation would be on fixing the issues which have been discovered. It will also consider whether changes should be made to the English system while

  • Word count: 6628
  • Level: AS and A Level
  • Subject: Law
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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

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  • Word count: 6539
  • Level: AS and A Level
  • Subject: Law
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What is the meaning of intention in English criminal law? Is it always possible to distinguish between intention and motive?

What is the meaning of intention in English criminal law? Is it always possible to distinguish between intention and motive? The law generally requires that the accused possess a 'blameworthy' state of mind at the time the act comprising the offence was committed, and the basic presumption is that mens rea is required for every offence ('actus non fit reus nisi mens sit rea'), authority for which stems from Sherras v De Rutzen [1895] - from coursewrok work info "There is a presumption that mens rea ... is an essential ingredient in every offence; but that presumption is liable to be displaced either by the words of the statute creating the offence or by the subject matter with which it deals, and both must be considered."cogc gcr segcgcw orgc gck ingc fogc gc. This proposition, that mens rea is the default position for an offence unless its implication is clearly outweighed by other factors, was secured in Sweet v Parsley [1970]. Per Lord Reid: "it is universal principle that if a penal provision is reasonably capable of two interpretations, that interpretation which is most favourable to the accused must be adopted." Thus the requirement of intention is presumed where a matter is uncertain. However, many statutes do not use the language of 'knowingly' or 'intentionally' acting; in the case of such strict liability offences, usually regulatory offences without the

  • Word count: 5845
  • Level: AS and A Level
  • Subject: Law
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