CHECK THESE SAMPLES OF Construction Contract Law
There is no blanket prohibition against a court ordering the equitable relief of specific performance in a case involving breach of a construction contract as held in the case of Granite Broadway Dev.... The essence of this doctrine was that if the plaintiff could show that he or she had acted under the contract - had partly performed the contract - then a court of equity would enforce the contract even though a court of law would not.... Doctrine of Specific Performance This doctrine of specific performance is a remedy granted by the court in cases where there is breach of duty or contract committed either by the owner or by the contractor....
4 Pages
(1000 words)
Essay
It is reported that the Hague Visby Rules are unclear from text and that case law has served to remove the various ambiguities in it.... Force of law behind The Hague Visby Rules The decision of an English court over the Vita Food Products v Unus Shipping Co3 held that the Hague Rules did not possess the force of the law.... The court declared that the Hague Rules in fact held effect by agreement rather than through law especially as they did not possess a paramount clause....
8 Pages
(2000 words)
Essay
Finally, the legality of the contract refers to the ability of the contract and its terms to hold before the law.... It has six essential elements: agreement; consideration; intention to create legal relations; reality of the consent; capacity to contract, and; legality.... The intention to create legal relations simply means that The element reality of the consent, on the other hand, refers to the requirement that the consent by either or all parties must not have been vitiated by any misrepresentation, fraudulent or otherwise, whilst the capacity to contract is a personal requirement on the part of the parties of the contract that they do not possess any legal disqualifications to enter into it....
17 Pages
(4250 words)
Essay
n “offer” in the context of contract law has been described as “an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed, the “offeree.... The law of contract stipulates three fundamental requirements to establish a legally enforceable contract; namely offer, acceptance (it is important to note that parties entering into a contract must have legal capacity)....
5 Pages
(1250 words)
Essay
The connecting link is the agreement between… The definitions of terms that commonly arise in construction contract is provided in the Appendix.
In the case of complex construction agreements, it may be noted that there are several parties involved in the contract.... Collateral warranties are required to counteract the difficulty associated with establishing a liability in tort when a construction contract is in place; as stated by Lord Scarman, “Their Lordships do not believe there is anything to the advantage of the law in searching for a liability in tort where the parties are in a contractual relationship....
4 Pages
(1000 words)
Essay
?? (JEC, Institute of Public law)
Analysis: Its compulsory to take third party insurance in most of the states in US.... Question – 3: Rebeccas complaint also alleges that in Rebeccas state there is a law forbidding commercial truck drivers from using cell phones while driving and that Coastal Constructions driver was using a cell phone at the time of the accident.... Coastal construction is with reference to the injury… Investigation on the company for alleged bribery is extraneous to the issue of injury as there is no relationship between these two.
Motion to suppress the subpoena is a request made by the defendant and his attorneys to the t, that certain evidence be not presented or considered legal at the trial because it is believed by the defendant that the evidence has been obtained by the illegal means, generally in violation of the Fourth Amendment (search and seizure), Fifth Amendment (privilege against self incrimination)....
8 Pages
(2000 words)
Assignment
An “offer” in the context of contract law has been described as “an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed, the “offeree” (Treitel.... Furthermore, the law distinguishes between an offer and an invitation to treat, which is not an offer but an indication of willingness to negotiate a contract (Gibson v Manchester City Council [1978] 1 WLR 520)....
6 Pages
(1500 words)
Coursework
The English contract law will only be enforceable if the agreement has the following requirements;The requirement checks if the involved parties had the intention of entering into a legal agreement through a contract (Young 2010, p5).... The reporter underlines that a contract can be defined as an agreement in which the law recognizes.... Moreover, the parties involved agree to do or refrain from doing some things with the aim of creating a legal connection, which may be enforceable by law....
10 Pages
(2500 words)
Assignment