Contract Essays

The objective of this document is to provide a comprehensive understanding of Earned Value Management (EVM). Essentially, it offers key perspectives into a system that allows the assessment of technical components, cost considerations, schedule planning, implementation and progress monitoring in binding contracts or agreements involving work responsibilities by both government bodies and contractors. This text […]

There are many similarities and differences in being drafted in the NBA and the NFL. Some of these similarities of the NBA are that there are four camps in different states and all the scouts from every team is there, scouts from overseas and all. The players get assigned to a certain group and you […]

An offer is a critical component of a contract, a legal agreement established between two or more entities. Other crucial factors include Acceptance, Consideration, Position, and Capability. If any of these components are missing, the contract will be deemed invalid. A proposal, otherwise known as an offer, is a precise promise or proposition that commits […]

The State of U. P and Allied Constructions have signed a contract to build a bridge at Munda Khera Scape for an estimated cost of Rs. 37.2 lakhs. However, during the construction, the work area experienced flooding during the nights of August 25 and 26, 1991. The contractor’s claim for a loss caused by flooding […]

In the past, statutory provisions on arbitration were contained in three different enactments, namely, The Arbitration Act, 1940, the Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition and Enforcement) Act, 1961. The Arbitration Act laid down the framework within which domestic arbitration was conducted in India, while the other two Acts dealt […]

Although the contract may have the essentials of a valid offer, acceptance, legal intentions and consideration, its validity or enforceability may be affected by a number of factors. The agreement may be wanting in genuine consent between the parties. That is, although the parties may appear to have reached an agreement, it may not have […]

The understanding of different type’s business organisations in Malaysia is the fundamental mean to lead us going further into Company Law. There are many distinctions of what should be identified and what laws that is applicable to them. In contrast to sole proprietorship and partnerships, companies are incorporated associations. Therefore, persons who wish to incorporate […]

Pat was very frustrated because she wanted to purchase a home but lacked the funds or credit to do so even though Pat was expecting shortly to receive a one-half million dollar final installment payment for some land she sold several years earlier. Dan knew that Pat was very interested in purchasing a home and […]

To fully understand the argument that Collins puts forward, it is a good idea to look at what he is saying in a wider context. Clearly no test can be completely objective – judges and juries are all human. In any case what is a reasonable third party? Reasonable and accountable to whom? And what […]

An offer is an announcement of a person’s willingness to enter into a contract. To be an offer, there must be more than an indication of an interest in making a contract. An offer is capable of being converted into an agreement by acceptance and must consist of a definite promise to be bounded, provided […]

The Act provides a detailed legislative scheme to allow contracting parties to provide a benefit to a third party and enforceable by the same. Made in response to great criticism of the privity rule, since its enactment it has received almost universal praise. However, it has created a number of not insubstantial problems, the principal […]

The paper analyses the passing of property and risks entailed. In order to answer the question in context, it is essential to look at the Sale of Goods Act 1979 (as amended), so as to reach conclusions on the liability of the respective parties. Benfico and Annacol computers have entered into a contract they have […]

Courts will refuse to enforce a contract, which has come into existence whereby an individual has been induced to enter into it by means of pressure brought to bear upon them, so as to influence their own independent judgement. For quite some time the only tool the courts had to deal with these instances was […]

The common law doctrine of Frustration generally operates to discharge contractual obligations when, through no fault of either party, a supervening event occurs which renders performance of a contract physically, commercially or legally impossible, or where the obligations of the contract are radically different from those which were originally agreed. At first glance, it would […]

The terms of a contract describe the duties and obligations that arise under the agreement. Although a term has not been expressed by either party, it is nevertheless contained in the contract. Terms can be expressed or implied. Expressed terms may be expressed orally or in writing. A term may have been omitted by mistake, […]

When surveying Europe’s legal landscape, English law’s refusal to incorporate a general duty of good faith identifies it as somewhat of an oasis, standing in stark contrast to those around it. Yet in examining the net result of those ‘piecemeal solutions’ used in its place, is it truly so adrift? If, after all, these present […]

Promissory estoppel is of a different nature from the doctrine of consideration. Some may contend that it is unnecessary to have promissory estoppel since consideration will suffice for justice; there are also economic arguments that extra costs may be involved to disclaim promissory intentions in a gratuitous promisei. I however, disagree and the reasons are […]

Independent Contractors – Team work and Performance Management Many organizations are open to various ways of acquiring resources for their projects; using existing employees, hiring new employees, hiring contract resources or perhaps outsource part or the entire project. Right resources are not always available to the PM within the organization and will often look to […]

Culbertson v. Brodsky “A contract in which there is no consideration moving from one party, or no obligation upon him, lacks mutuality, is unilateral, and unenforceable. ” Texas Farm Bureau Cotton Ass’n v. Stovall, 113 Tex. 273, 253 S. W. 1101 (1923). Culbertson v. Brodsky case is an example of the illusory promise situation. An […]

A contract is an agreement containing promises made between two or more parties with the intention of creating legal rights and obligations enforceable in a court of law. There are three essential elements that must be proven to establish a contract. The first element that must be established is whether or not there was an […]

Contract Law 1 Intention to Create Legal Relations In order for a contract to be valid there must be intention to create legal relations. Enright notes ‘the requirement of intention to create legal relations is a final doorkeeper in contract. It determines which agreements supported by consideration shall be covered by contract law and which […]

The employer’s point of view as presented in the construction procedure and practice illustrates how the various activities ought to be done. The employer’s desires mark the milestones that touch on payments. The specific events and dates are included and the actual sequence of events outlined. The main contractor was Yu Ltd and SEE U […]