Construction Contracts Law Case Study Example | Topics and Well Written Essays - 2000 words

Construction Contracts Law - Case Study Example A proposal, when accepted, becomes a promise" Thus, when there is a proposal from one side 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 are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object and are not hereby expressly declared to be void. 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. ... In nut shell the essentials needed 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 quite clear that the client has laid down two conditions, first the quality of workmanship should

Effects of oil spillage to the Dalian population Annotated Bibliography

Effects of oil spillage to the Dalian population - Annotated Bibliography Example The effects of the disaster were detrimental in that ports operations were disrupted as millions of gallons of oil spilled destroying several structures. With such disasters, it is imperative to focus on the effects that face the people and the environment in order to develop mechanisms of preventing and controlling them if they take place. In addition, such findings tend to foster disaster preparedness in the future. Besides, the concerned parties and stakeholders needs to have a clear picture of effects of such disasters before developing mechanisms of dealing with them in the future. This article articulates on the effects of trade on the environment. Specifically, the author focused on two Chinese cities, Shenyang and Dalian. Its theoretical approach underpins the connection between trade and environment. Conversely, the article examines effects of global economic integration and how the major actors respond to environmental policies as well as assessing ways of minimizing the environmental risks involved as a result of trade. The article findings indicate that strengthening of environmental institutions as well as economic openness plays a part in domestic environmental policies. For instance, Shin pointed out that the government orders Shenyang smelter to shut its doors after it was discovered that the plant excessively polluted the air, which was considered risky for the people living in the local area. Several policies including â€Å"if an enterprise does not eliminate pollution, pollution will eliminate the enterprise† were put in place. The study of the article utilized the framework of the environmental Kuznets curve (EKC) to study how different countries in Asia handle environmental issues.