Preview

Introduction to Contract Law

Powerful Essays
Open Document
Open Document
3799 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Introduction to Contract Law
NOTES FOR

THE CHARTERED INSTITUTE OF BUILDING

AN INTRODUCTION TO CONTRACT LAW OR (GETTING IN AND OUT OF A CONTRACT)

Thursday 14 June 2012 by Keith Blizzard, Partner, Shakespeares Legal LLP BSc(Hons) DipArb FRICS FCIOB FCIArb FFB MEWI Chartered Quantity Surveyor, Chartered Builder, Chartered Arbitrator, Panel Adjudicator, Accredited and Panel Mediator, Forensic Surveyor and Lecturer

Somerset House Temple Street Birmingham B2 5DJ

t 0121 237 3000 d 0121 631 5221 f 0121 237 3030 e keith.blizzard@shakespeares.co.uk

THE CHARTERED INSTITUTE OF BUILDING AN INTRODUCTION TO CONTRACT LAW OR (GETTING IN AND OUT OF A CONTRACT) On 19 June 2012 By Keith Blizzard BSc(Hons) DipArb FRICS FCIOB FCIArb FFB MEWI __________________________________________________________________________________________

AN INTRODUCTION TO CONTRACT LAW OR (GETTING IN AND OUT OF A CONTRACT)
INTRODUCTION The construction industry is notoriously poor at getting contractual arrangements right Building contractors and sub-contractors are keen to build buildings and to “get on with it” Professionals know their own area of expertise and want to “get on with it” Clients invariably want to “get on with it” However, sometimes, “getting on with it” can be a recipe for disaster A very expensive disaster You need to understand the basics of contract law to know whether or not you have formed a contract; if you are still under a contract and whether or not the contract is complete I will discuss the following: THE LEGAL PRINCIPLES OF SIMPLE CONTRACTS

THE FORMATION OF A CONTRACT DISCHARGE OF A CONTRACT

Page 1 of 12

14 June 2012

Copyright: SHAKESPEARES LEGAL LLP Somerset House Temple Street Birmingham B2 5DJ Tel: 0121 237 3000 Fax: 0121 237 3030 E-mail: keith.blizzard@shakespeares.co.uk

THE CHARTERED INSTITUTE OF BUILDING AN INTRODUCTION TO CONTRACT LAW OR (GETTING IN AND OUT OF A CONTRACT) On 19 June 2012 By Keith Blizzard BSc(Hons) DipArb FRICS FCIOB FCIArb FFB MEWI
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Powerful Essays

    Bus311 Business Law I
    • 2524 Words
    • 11 Pages

    Bus311 Business Law I

    In this paper, I will reflect on the operation of contracts. Business law shows how contracts may be classified in several ways depending on the manner in which they are created, expressed, or performed. I have learned a lot from this course and I will use that to help write this paper. In the following paper I will discuss the oral or written contracts; I will discuss express or implied contracts, and will discuss formal or simple contracts. I will also discuss the impact of the contracts in a business and show the true propose of contracts. I will show what is needed in a contract to be legally enforceable. I will discuss how a contract must contain the following six elements: an offer and acceptances, a mutual agreement, a consideration, a competent parties, and legality of purpose, and proper form. All of this will be discussed in depth in the following paper.…

    • 2524 Words
    • 11 Pages
    Powerful Essays
    Read More
  • Good Essays

    Unit 21 – Aspects of Contract and Business Law D1, D2
    • 2641 Words
    • 11 Pages

    Unit 21 – Aspects of Contract and Business Law D1, D2

    Contracts: definition; types; verbal, written, standard form; offers — distinguishing invitations to treat; counter-offers; communication of offers; acceptance; the battle of the forms; consideration and the Contracts (Rights of Third Parties) Act 1999; capacity as applied to business situations; application of Requirements…

    • 2641 Words
    • 11 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Law 531 Memorandum
    • 981 Words
    • 4 Pages

    Law 531 Memorandum

    University of Phoenix. (2002). Legal Environment of Business: Contract Creation and Management. Retrieved from Law 531 – Business Law. https://ecampus.phoenix.edu/secure/aapd/vendors/tata/sims/legal/contract/legal_contract_frame.html…

    • 981 Words
    • 4 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    Unit 21 P1 and P2
    • 3188 Words
    • 13 Pages

    Unit 21 P1 and P2

    The assignment will provide detailed information using case laws and a report around the main elements of a contract. These case laws will include:…

    • 3188 Words
    • 13 Pages
    Good Essays
    Read More
  • Powerful Essays

    Australian Air Express Pty Limited V. Vabu (2001) 207 CLR 21
    • 1791 Words
    • 8 Pages

    Australian Air Express Pty Limited V. Vabu (2001) 207 CLR 21

    Contracts can be delegated through contract of service or contract for service and are regulated by the common law. The contract of service is comprised within an employee-employer contract, whilst the contract for service is based upon a contractor-client contract. A number of tests including, but not limited to; control, mutuality of obligation, integration, results and risk test, have been applied to denote the distinction between the two determinants. Hollis v Vabu (2001) 207 CLR 21 and Australian Air Express Pty Limited v Langford [2005] NSWCA 96 portrays the legalities of contracts and enables interpretation towards the existing nature of ‘contract of services’ and ‘contract for services’.…

    • 1791 Words
    • 8 Pages
    Powerful Essays
    Read More
  • Powerful Essays

    jersey shore contraversy
    • 1435 Words
    • 4 Pages

    jersey shore contraversy

    The television show known as Jersey Shore that aired on MTV for six seasons. The first time it aired was in December of 2009 and it was a huge hit. There were many controversies before they aired the show because it was an MTV reality show that reminded the viewers of The Real World. The show followed all eight housemates around day in to day out whether they were working during the day or partying at night. The fact that all random characters met up in a house to live for a summer together made viewers want to watch and see what will come about. Since the cast was followed around all of the time they would catch every minute of the exciting thing happening. They were able to cut out the dull, uninteresting parts so the viewers did not waste their time and cut to the chase. The critics were thinking negative thoughts before it aired and the controversy if the show Jersey Shore had a positive or negative impact on society. Jersey Shore was looked as a bad influence to younger views and nothing good was coming from it. Others look up to these characters as role models and follow in some of their footsteps.…

    • 1435 Words
    • 4 Pages
    Powerful Essays
    Read More
  • Good Essays

    Literary Devices In 'A Sound Of Thunder'
    • 247 Words
    • 1 Page

    Literary Devices In 'A Sound Of Thunder'

    In reality even the smallest of actions can create monstrous consequences, which in literary pieces can be supported through literary devices. In “A Sound of Thunder”, written by Ray Bradbury, the story shows the main character, Eckels joining a dinosaur hunt by traveling back in time with a time machine. Traveling back in time can tamper with the future with minute changes to monstrous repercussion. While not many people realize the consequences of their actions, even the most trivial of blunders can cause disastrous aftermaths as is demonstrated by the literary devices foreshadowing, simile, and imagery in “A Sound of Thunder.” Literary devices such as foreshadowing demonstrates that even a single misstep can cause a disaster.…

    • 247 Words
    • 1 Page
    Good Essays
    Read More
  • Good Essays

    Evaluate the influence different stakeholders exert in one organisation
    • 1765 Words
    • 8 Pages

    Evaluate the influence different stakeholders exert in one organisation

    This unit introduces you to the operation of the law of contract as it applies to businesses. You will also apply to consumer situations and consider the meaning and effect of standard form contracts.…

    • 1765 Words
    • 8 Pages
    Good Essays
    Read More
  • Better Essays

    Law 421 Contracts
    • 1070 Words
    • 5 Pages

    Law 421 Contracts

    Contracts are an important part of everyday life. They are an essential part of business. As a student of a business law class, I will discuss in this paper several aspects of contracts. This paper will give a definition of a contract and the essential elements necessary to form a valid contract. It will briefly discuss breach of contract and the difference between a material breach and a nonmaterial breach of contract. Examples of legal and equitable remedies available for breach of contracts will be highlighted. Also, legal excuses for nonperformance or other grounds for discharge of contracts will be addressed. Finally, three types of common contracts personally and professionally encountered will be mentioned.…

    • 1070 Words
    • 5 Pages
    Better Essays
    Read More
  • Powerful Essays

    Law60003 Outline S 1 2015 FT
    • 2474 Words
    • 12 Pages

    Law60003 Outline S 1 2015 FT

    The general aim of this core unit is to enable students to gain an understanding of the law applicable to contracts and companies that are employed in the modern business environment. In particular, the primary focus is on the contracting activities and its repercussions relating to businesses and entrepreneurial activities. The operations of the Corporations Act 2001 (Cth) which regulate the activities of companies, company officers and shareholders also take significance in this unit.…

    • 2474 Words
    • 12 Pages
    Powerful Essays
    Read More
  • Satisfactory Essays

    Executive Summary Leonard V. Pepsico
    • 518 Words
    • 3 Pages

    Executive Summary Leonard V. Pepsico

    References: Advice Company, (2008). General practice - contract law - elements. Retrieved August 11, 2008,…

    • 518 Words
    • 3 Pages
    Satisfactory Essays
    Read More
  • Powerful Essays

    Construction: Rethinking Operational Stages
    • 1657 Words
    • 7 Pages

    Construction: Rethinking Operational Stages

    Latham, M. 1994, Constructing The Team, Final Report of the Government / Industry Review of Procurement and Contractual Arrangements In The UK Construction Industry HMSO, London, 1994, p. 7.…

    • 1657 Words
    • 7 Pages
    Powerful Essays
    Read More
  • Good Essays

    Contract Law
    • 797 Words
    • 4 Pages

    Contract Law

    The respondent is unable to justify the violations of Section 8 and 10 of the canadian charter of rights and freedoms (charter) with regards to section 24 (2) of the charter. Section 24 (2) states that where in proceedings under section (1), a court concludes that evidence was obtained in a manner that did not infringe or deny any rights of freedoms guaranteed by the charter, the evidence shall not be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute (charter).…

    • 797 Words
    • 4 Pages
    Good Essays
    Read More
  • Best Essays

    Immigration Reform
    • 2060 Words
    • 9 Pages

    Immigration Reform

    implications and solutions." Public Contract Law Journal 36.2 (Wntr 2007): 263(14). Retrieved May 11, 2009 from General OneFile Database…

    • 2060 Words
    • 9 Pages
    Best Essays
    Read More
  • Good Essays

    Traditional Project Delivery Method
    • 763 Words
    • 4 Pages

    Traditional Project Delivery Method

    Uher, TE & Davenport, P 2009, Fundamentals of building contract management, 2nd edn, UNSW Press, Sydney.…

    • 763 Words
    • 4 Pages
    Good Essays
    Read More

Related Topics