Contract Law - Revision history

Designing Buildings at 06:09, 13 October 2020

2020-10-13T06:09:33Z

← Older revision		Revision as of 06:09, 13 October 2020
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	* Rights of third parties.		* Rights of third parties.

−	[[Category:Articles_needing_more_work]]	+	[[Category:Articles_needing_more_work]] [[Category:DCN_Definition]] [[Category:DCN_Guidance]]

Editor at 11:34, 19 December 2017

2017-12-19T11:34:27Z

← Older revision		Revision as of 11:34, 19 December 2017
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−
	To help develop this article, click 'Edit this article' above.		To help develop this article, click 'Edit this article' above.

	== What is a contract? ==		== What is a contract? ==
−	*Bilateral contract: contains a set of promises that each party has made to the other (X promises to build Y a house and Y promises to pay X for doing it)	+
−	*Unilateral contract: only one party will make a promise to do something if the other party actually does something stipulated by the former (X promises to pay Y $100 if Y completes and returns a questionnaire)	+	* Bilateral contract: contains a set of promises that each party has made to the other (X promises to build Y a house and Y promises to pay X for doing it)
		+	* Unilateral contract: only one party will make a promise to do something if the other party actually does something stipulated by the former (X promises to pay Y $100 if Y completes and returns a questionnaire)

	See Contract for more information.		See Contract for more information.

	== Types of contracts ==		== Types of contracts ==
−	*Under hand: evidenced in writing - liability limitation period six years.	+
−	*Under seal: deed - liability limitation period twelve years.	+	* Under hand: evidenced in writing - liability limitation period six years.
		+	* Under seal: deed - liability limitation period twelve years.

	See Contract under seal v under hand for more information.		See Contract under seal v under hand for more information.

	== Is there a contract? ==		== Is there a contract? ==
−	*Was there an intention of the partied to create legal relations?	+
−	*Was there an agreement between the parties?	+	* Was there an intention of the partied to create legal relations?
−	*Was there a consideration?	+	* Was there an agreement between the parties?
		+	* Was there a consideration?

	== Offer ==		== Offer ==
−	*A promise made by the offer or which matures into a contract when accepted by the other party	+
−	*An 'invitation to treat' does not turn into a contract - it is merely a stage in negotiations, inviting the other party to make an offer	+	* A promise made by the offer or which matures into a contract when accepted by the other party
		+	* An 'invitation to treat' does not turn into a contract - it is merely a stage in negotiations, inviting the other party to make an offer

	== Letters of Intent ==		== Letters of Intent ==
−	*The effect depends on the wording.	+
−	*Does not usually give rise to any contractual rights or obligations.	+	* The effect depends on the wording.
−	*It states that there will or may be a contract in the future, and hence is treated as indicating that there is no such contract at present.	+	* Does not usually give rise to any contractual rights or obligations.
−	*Where a court is prepared to interpret a letter of intent as creating a contract, it will then have to decide on its precise scope.	+	* It states that there will or may be a contract in the future, and hence is treated as indicating that there is no such contract at present.
		+	* Where a court is prepared to interpret a letter of intent as creating a contract, it will then have to decide on its precise scope.

	See Letter of intent for more information.		See Letter of intent for more information.

	== Acceptance ==		== Acceptance ==
−	*Must be certain and unambiguous: can be by word (written or oral) or by conduct, which must be made known to the offeror.	+
−	*A counter-offer is not an acceptance as it varies the terms and destroys the original offer, which it rejects.	+	* Must be certain and unambiguous: can be by word (written or oral) or by conduct, which must be made known to the offeror.
−	*The counter-offer itself will have to be accepted by the initial offeror.	+	* A counter-offer is not an acceptance as it varies the terms and destroys the original offer, which it rejects.
		+	* The counter-offer itself will have to be accepted by the initial offeror.

	== Retrospective acceptance ==		== Retrospective acceptance ==
−	*Where a formal contract is not signed until after work has commenced, does the contract govern work which is done in the interim period?	+
−	*If the contract does not apply, the work will be paid for on a quantum meruit basis.	+	* Where a formal contract is not signed until after work has commenced, does the contract govern work which is done in the interim period?
−	*Other rights and duties of the parties will be governed by whatever terms the court implies into the circumstance.	+	* If the contract does not apply, the work will be paid for on a quantum meruit basis.
−	*A court may imply a term for retroactive effect of the contract.	+	* Other rights and duties of the parties will be governed by whatever terms the court implies into the circumstance.
		+	* A court may imply a term for retroactive effect of the contract.

	== Terms of contract ==		== Terms of contract ==

	=== Express terms ===		=== Express terms ===
−	*With written contracts, read the documents evidencing the contract to ascertain the express terms.	+
		+	* With written contracts, read the documents evidencing the contract to ascertain the express terms.

	=== Implied terms ===		=== Implied terms ===
−	*Terms implied by statute (Sale of goods and Services Act 1982: carry out the service with reasonable skill and care, within a reasonable time, if not fixed by contract, and for a reasonable charge, if not fixed by contract).	+
−	*Terms implied by custom.	+	* Terms implied by statute (Sale of goods and Services Act 1982: carry out the service with reasonable skill and care, within a reasonable time, if not fixed by contract, and for a reasonable charge, if not fixed by contract).
−	*Terms implied by court.	+	* Terms implied by custom.
		+	* Terms implied by court.

	See Express and implied terms for more information.		See Express and implied terms for more information.
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	=== The right to sue on partial performance ===		=== The right to sue on partial performance ===
−	*A party must perform was they are contracted to do.	+
−	*Non-performance of some part will disentitle the partial performer to payment.	+	* A party must perform was they are contracted to do.
−	*Except when the party has 'substantially performed' their obligations whereby they are entitled to the contract sum subject only to a counter-claim for those parts remaining un-performed.	+	* Non-performance of some part will disentitle the partial performer to payment.
		+	* Except when the party has 'substantially performed' their obligations whereby they are entitled to the contract sum subject only to a counter-claim for those parts remaining un-performed.

	=== Remedies against the incomplete performer ===		=== Remedies against the incomplete performer ===
−	*Either incomplete performance gives the other party, who has so far performed their obligations as they fall due, a right to damages to put them in the position they would have been in had the contract been performed.	+
−	*Or they can hold themself absolved from any further performance of their obligations, when there is:	+	* Either incomplete performance gives the other party, who has so far performed their obligations as they fall due, a right to damages to put them in the position they would have been in had the contract been performed.
−	#Breach of contractual condition.	+	* Or they can hold themself absolved from any further performance of their obligations, when there is:
−	#Repudiatory breach (if the breach goes to the route of the contract).	+
−	#Renunciation (if one party does not intend to continue to perform).	+	# Breach of contractual condition.
		+	# Repudiatory breach (if the breach goes to the route of the contract).
		+	# Renunciation (if one party does not intend to continue to perform).

	See Breach of contract for more information.		See Breach of contract for more information.

	== Privity of contract ==		== Privity of contract ==
−	*For there to be a contract, consideration must have been provided.	+
−	*Those who are privy to the consideration are said to be in privity of contract.	+	* For there to be a contract, consideration must have been provided.
−	*A person who is not party to a contract cannot gain any benefit by suing on it, nor can they suffer any detriment by being sued on it.	+	* Those who are privy to the consideration are said to be in privity of contract.
		+	* A person who is not party to a contract cannot gain any benefit by suing on it, nor can they suffer any detriment by being sued on it.

	See Privity of contract for more information.		See Privity of contract for more information.

	== The Contracts (Rights of Third Parties) Act 1999 ==		== The Contracts (Rights of Third Parties) Act 1999 ==
−	*Has radically affected the doctrine of privity of contract.	+
−	*It grants a third party the right to enforce a term of a contract which has been made for their benefit.	+	* Has radically affected the doctrine of privity of contract.
−	*Not only positive rights but also defensive rights.	+	* It grants a third party the right to enforce a term of a contract which has been made for their benefit.
−	*The third party must be expressly identified in the contract.	+	* Not only positive rights but also defensive rights.
−	*It does not grant the right to enforce the whole contract.	+	* The third party must be expressly identified in the contract.
−	*Enforcement by the third party is subject to all other terms of the contract, therefore terms can be inserted to exclude any intention to create enforceable third party rights.	+	* It does not grant the right to enforce the whole contract.
		+	* Enforcement by the third party is subject to all other terms of the contract, therefore terms can be inserted to exclude any intention to create enforceable third party rights.

	See Rights of third parties for more information.		See Rights of third parties for more information.
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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*Breach of contract	+
−	*Collateral warranty.	+	* Breach of contract
−	*~~Contract~~.	+	* Collateral warranty.
−	*Contract v tort.	+	* Construction contract.
−	*Contracts under seal v under hand.	+	* Contract v tort.
−	*Disputes.	+	* Contracts under seal v under hand.
−	*Letter of intent.	+	* Disputes.
−	*Privity of contract.	+	* Letter of intent.
−	*Rights of third parties.	+	* Privity of contract.
		+	* Rights of third parties.

	[[Category:Articles_needing_more_work]]		[[Category:Articles_needing_more_work]]

86.176.168.214 at 15:05, 15 May 2014

2014-05-15T15:05:21Z

← Older revision		Revision as of 15:05, 15 May 2014
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	=== Express terms ===		=== Express terms ===
	*With written contracts, read the documents evidencing the contract to ascertain the express terms.		*With written contracts, read the documents evidencing the contract to ascertain the express terms.
−
−	~~=== ===~~

	=== Implied terms ===		=== Implied terms ===

86.176.168.214 at 15:04, 15 May 2014

2014-05-15T15:04:38Z

← Older revision		Revision as of 15:04, 15 May 2014
Line 1:		Line 1:

−		+	To help develop this article, click 'Edit this article' above.
−	~~= CONTRACT LAW =~~	+

	== What is a contract? ==		== What is a contract? ==
−	*Bilateral contract: contains a set of promises that each party has made to the other ''(X promises to build Y a house and Y promises to pay X for doing it)''	+	*Bilateral contract: contains a set of promises that each party has made to the other (X promises to build Y a house and Y promises to pay X for doing it)
−	*Unilateral contract: only one party will make a promise to do something if the other party actually does something stipulated by the former ''(X promises to pay Y $100 if Y completes and returns a questionnaire)''	+	*Unilateral contract: only one party will make a promise to do something if the other party actually does something stipulated by the former (X promises to pay Y $100 if Y completes and returns a questionnaire)
		+
		+	See Contract for more information.

	== Types of contracts ==		== Types of contracts ==
−	*Under hand: evidenced in writing - liability limitation period six years	+	*Under hand: evidenced in writing - liability limitation period six years.
−	*Under seal: deed - liability limitation period twelve years	+	*Under seal: deed - liability limitation period twelve years.
		+
		+	See Contract under seal v under hand for more information.

	== Is there a contract? ==		== Is there a contract? ==
Line 16:		Line 19:
	*Was there a consideration?		*Was there a consideration?

−	~~== Agreement ==~~	+	== Offer ==
−		+
−	=== Offer ===	+
	*A promise made by the offer or which matures into a contract when accepted by the other party		*A promise made by the offer or which matures into a contract when accepted by the other party
	*An 'invitation to treat' does not turn into a contract - it is merely a stage in negotiations, inviting the other party to make an offer		*An 'invitation to treat' does not turn into a contract - it is merely a stage in negotiations, inviting the other party to make an offer

−	=== Letters of Intent ===	+	== Letters of Intent ==
−	*The effect depends on the wording	+	*The effect depends on the wording.
−	*Does not usually give rise to any contractual rights or obligations	+	*Does not usually give rise to any contractual rights or obligations.
−	*It states that there will or may be a contract in the future, and hence is treated as indicating that there is no such contract at present	+	*It states that there will or may be a contract in the future, and hence is treated as indicating that there is no such contract at present.
−	*Where a court is prepared to interpret a letter of intent as creating a contract, it will then have to decide on its precise scope	+	*Where a court is prepared to interpret a letter of intent as creating a contract, it will then have to decide on its precise scope.

−	~~=== ===~~	+	See Letter of intent for more information.

−	=== Acceptance ===	+	== Acceptance ==
−	*Must be certain and unambiguous: can be by word (written or oral) or by conduct, which must be made known to the offeror	+	*Must be certain and unambiguous: can be by word (written or oral) or by conduct, which must be made known to the offeror.
−	*A counter-offer is not an acceptance as it varies the terms and destroys the original offer, which it rejects	+	*A counter-offer is not an acceptance as it varies the terms and destroys the original offer, which it rejects.
−	*The counter-offer itself will have to be accepted by the initial offeror	+	*The counter-offer itself will have to be accepted by the initial offeror.

−	=== Retrospective acceptance ===	+	== Retrospective acceptance ==
	*Where a formal contract is not signed until after work has commenced, does the contract govern work which is done in the interim period?		*Where a formal contract is not signed until after work has commenced, does the contract govern work which is done in the interim period?
−	*If the contract does not apply, the work will be paid for on a quantum meruit basis	+	*If the contract does not apply, the work will be paid for on a quantum meruit basis.
−	*Other rights and duties of the parties will be governed by whatever terms the court implies into the circumstance	+	*Other rights and duties of the parties will be governed by whatever terms the court implies into the circumstance.
−	*A court may imply a ~~tem~~ for retroactive effect of the contract	+	*A court may imply a term for retroactive effect of the contract.

	== Terms of contract ==		== Terms of contract ==

	=== Express terms ===		=== Express terms ===
−	*With written contracts, read the documents evidencing the contract to ascertain the express terms	+	*With written contracts, read the documents evidencing the contract to ascertain the express terms.

−	=== ===	+	=== ===

	=== Implied terms ===		=== Implied terms ===
−	*Terms implied by statute ''(Sale of goods and Services Act 1982: carry out the service with reasonable skill and care, within a reasonable time, if not fixed by contract, and for a reasonable charge, if not fixed by contract)''	+	*Terms implied by statute (Sale of goods and Services Act 1982: carry out the service with reasonable skill and care, within a reasonable time, if not fixed by contract, and for a reasonable charge, if not fixed by contract).
−	*Terms implied by custom	+	*Terms implied by custom.
−	*Terms implied by court	+	*Terms implied by court.
		+
		+	See Express and implied terms for more information.

	== Performance and Breach ==		== Performance and Breach ==

	=== The right to sue on partial performance ===		=== The right to sue on partial performance ===
−	*A party must perform was ~~he is~~ contracted to do	+	*A party must perform was they are contracted to do.
−	*Non-performance of some part will disentitle the partial performer to payment	+	*Non-performance of some part will disentitle the partial performer to payment.
−	*Except when the party has 'substantially performed' ~~his~~ obligations whereby ~~he is~~ entitled to the contract sum subject only to a counter-claim for those parts remaining un-performed	+	*Except when the party has 'substantially performed' their obligations whereby they are entitled to the contract sum subject only to a counter-claim for those parts remaining un-performed.

	=== Remedies against the incomplete performer ===		=== Remedies against the incomplete performer ===
−	*Either incomplete performance gives the other party, who has so far performed ~~his~~ obligations as they fall due, a right to damages to put ~~him~~ in the position he would have been in had the contract been performed	+	*Either incomplete performance gives the other party, who has so far performed their obligations as they fall due, a right to damages to put them in the position they would have been in had the contract been performed.
−	*Or he can hold ~~himself~~ absolved from any further performance of ~~his~~ obligations, when there is:	+	*Or they can hold themself absolved from any further performance of their obligations, when there is:
−	#Breach of contractual condition	+	#Breach of contractual condition.
−	#Repudiatory breach (if the breach goes to the route of the contract)	+	#Repudiatory breach (if the breach goes to the route of the contract).
−	#Renunciation (if one party does not intend to continue to perform)	+	#Renunciation (if one party does not intend to continue to perform).
		+
		+	See Breach of contract for more information.

	== Privity of contract ==		== Privity of contract ==
−	*For there to be a contract, consideration must have been provided	+	*For there to be a contract, consideration must have been provided.
−	*Those who are privy to the consideration are said to be in privity of contract	+	*Those who are privy to the consideration are said to be in privity of contract.
−	*A person who is not party to a contract cannot gain any benefit by suing on it, nor can he suffer any detriment by being sued on it	+	*A person who is not party to a contract cannot gain any benefit by suing on it, nor can they suffer any detriment by being sued on it.
		+
		+	See Privity of contract for more information.

	== The Contracts (Rights of Third Parties) Act 1999 ==		== The Contracts (Rights of Third Parties) Act 1999 ==
−	*Has radically affected the doctrine of privity of contract	+	*Has radically affected the doctrine of privity of contract.
−	*It grants a third party the right to enforce a term of a contract which has been made for ~~his~~ benefit	+	*It grants a third party the right to enforce a term of a contract which has been made for their benefit.
−	*Not only positive rights but also defensive rights	+	*Not only positive rights but also defensive rights.
−	*The third party must be expressly identified in the contract	+	*The third party must be expressly identified in the contract.
−	*It does not grant the right to enforce the whole contract	+	*It does not grant the right to enforce the whole contract.
−	*Enforcement by the third party is subject to all other terms of the contract, therefore terms can be inserted to exclude any intention to create enforceable third party rights	+	*Enforcement by the third party is subject to all other terms of the contract, therefore terms can be inserted to exclude any intention to create enforceable third party rights.
		+
		+	See Rights of third parties for more information.
		+
		+	= Find out more =
		+
		+	=== Related articles on Designing Buildings Wiki ===
		+	*Breach of contract
		+	*Collateral warranty.
		+	*Contract.
		+	*Contract v tort.
		+	*Contracts under seal v under hand.
		+	*Disputes.
		+	*Letter of intent.
		+	*Privity of contract.
		+	*Rights of third parties.

	[[Category:Articles_needing_more_work]]		[[Category:Articles_needing_more_work]]

Xela: Created page with " = CONTRACT LAW = == What is a contract? == *Bilateral contract: contains a set of promises that each party has made to the other ''(X promises to build Y a house and Y promise..."

2014-01-05T07:40:52Z

Created page with " = CONTRACT LAW = == What is a contract? == *Bilateral contract: contains a set of promises that each party has made to the other ''(X promises to build Y a house and Y promise..."

New page

= CONTRACT LAW =

== What is a contract? ==
*Bilateral contract: contains a set of promises that each party has made to the other ''(X promises to build Y a house and Y promises to pay X for doing it)''
*Unilateral contract: only one party will make a promise to do something if the other party actually does something stipulated by the former ''(X promises to pay Y $100 if Y completes and returns a questionnaire)''

== Types of contracts ==
*Under hand: evidenced in writing - liability limitation period six years
*Under seal: deed - liability limitation period twelve years

== Is there a contract? ==
*Was there an intention of the partied to create legal relations?
*Was there an agreement between the parties?
*Was there a consideration?

== Agreement ==

=== Offer ===
*A promise made by the offer or which matures into a contract when accepted by the other party
*An 'invitation to treat' does not turn into a contract - it is merely a stage in negotiations, inviting the other party to make an offer

=== Letters of Intent ===
*The effect depends on the wording
*Does not usually give rise to any contractual rights or obligations
*It states that there will or may be a contract in the future, and hence is treated as indicating that there is no such contract at present
*Where a court is prepared to interpret a letter of intent as creating a contract, it will then have to decide on its precise scope

=== ===

=== Acceptance ===
*Must be certain and unambiguous: can be by word (written or oral) or by conduct, which must be made known to the offeror
*A counter-offer is not an acceptance as it varies the terms and destroys the original offer, which it rejects
*The counter-offer itself will have to be accepted by the initial offeror

=== Retrospective acceptance ===
*Where a formal contract is not signed until after work has commenced, does the contract govern work which is done in the interim period?
*If the contract does not apply, the work will be paid for on a quantum meruit basis
*Other rights and duties of the parties will be governed by whatever terms the court implies into the circumstance
*A court may imply a tem for retroactive effect of the contract

== Terms of contract ==

=== Express terms ===
*With written contracts, read the documents evidencing the contract to ascertain the express terms

=== ===

=== Implied terms ===
*Terms implied by statute ''(Sale of goods and Services Act 1982: carry out the service with reasonable skill and care, within a reasonable time, if not fixed by contract, and for a reasonable charge, if not fixed by contract)''
*Terms implied by custom
*Terms implied by court

== Performance and Breach ==

=== The right to sue on partial performance ===
*A party must perform was he is contracted to do
*Non-performance of some part will disentitle the partial performer to payment
*Except when the party has 'substantially performed' his obligations whereby he is entitled to the contract sum subject only to a counter-claim for those parts remaining un-performed

=== Remedies against the incomplete performer ===
*Either incomplete performance gives the other party, who has so far performed his obligations as they fall due, a right to damages to put him in the position he would have been in had the contract been performed
*Or he can hold himself absolved from any further performance of his obligations, when there is:
#Breach of contractual condition
#Repudiatory breach (if the breach goes to the route of the contract)
#Renunciation (if one party does not intend to continue to perform)

== Privity of contract ==
*For there to be a contract, consideration must have been provided
*Those who are privy to the consideration are said to be in privity of contract
*A person who is not party to a contract cannot gain any benefit by suing on it, nor can he suffer any detriment by being sued on it

== The Contracts (Rights of Third Parties) Act 1999 ==
*Has radically affected the doctrine of privity of contract
*It grants a third party the right to enforce a term of a contract which has been made for his benefit
*Not only positive rights but also defensive rights
*The third party must be expressly identified in the contract
*It does not grant the right to enforce the whole contract
*Enforcement by the third party is subject to all other terms of the contract, therefore terms can be inserted to exclude any intention to create enforceable third party rights

[[Category:Articles_needing_more_work]]