Saturday, June 22, 2019
Construction Contracts Law Case Study Example | Topics and Well Written Essays - 2000 words
Construction Contracts Law - Case Study ExampleA proposal, when accepted, becomes a promise Thus, when there is a proposal from one situation and the acceptance of that proposal by the other side, it results in a promise. This promise from the two parties to one another is known as an agreement. Also all agreements be crusades if they are made by the free consent of parties competent to contract, for a lawful circumstance and with a lawful object and are not hereby expressly declared to be void.These basic rules of bye, acceptance and invitation to treat etc are amply illustrated in the cases Pharmaceutical gild of Great Britain v. Boots Cash Chemicals Ltd.(1952)2 Q.B.795) , Felthouse v. Bindley(1862)6L.T.157) and to a fault in Fisher v. price (1961) 1Q.B. 394). The intention to create a legal relationship is demonstrated by Rose and Frank Co. v. Crompton & Bros. Ltd.(1925)A.C.445), Balfour v. Balfour(1919)2K.B.571), By Jones v. Padavatton(1969)All E.R. 616), and also through Merrit v. Merrit(1970)2All E.R.760)As per the facts of the case it was a contract about the construction of a new warehouse incorporating high quality offices and the client wanted stuffy financial control. ... In nut shell the essentials involve for a valid contract, therefore, are as under An agreement between the two parties. An agreement is the result of a proposal or an offer by one party followed by its acceptance by the other.Agreement should be between the parties who are competent to contract.There should be a lawful consideration and lawful object in respect of that agreement.There should be free consent of the parties, when they enter in to the agreement.The agreement must not be one, which has been expressly declared to be void.A proposal, when accepted, results in an agreement. It is only after the acceptance of the proposal that a contract between the two parties can arise.After the offer has been accepted, it becomes a promise which, if other conditions of a valid contract are satisfied, binds both the parties to the promise.These basic rules of offer, acceptance and invitation to treat etc are amply illustrated in the cases Pharmaceutical Society of Great Britain v. Boots Cash Chemicals Ltd.(1952)2 Q.B.795) , Felthouse v. Bindley(1862)6L.T.157) and also in Fisher v. Bell (1961) 1Q.B. 394). The intention to create a legal relationship is demonstrated by Rose and Frank Co. v. Crompton & Bros. Ltd.(1925)A.C.445), Balfour v. Balfour(1919)2K.B.571), By Jones v. Padavatton(1969)All E.R. 616), and also through Merrit v. Merrit(1970)2All E.R.760) As per the facts of the case it was a contract about the construction of a new warehouse incorporating high quality offices and the client wanted tight financial control. There is no express condition laid down as to Time as the essence of the Contract But through the wording of the contract it is sooner clear that the client has laid down two conditions, first the quality of workmanship should
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