Tuesday, May 5, 2020
Construction Contract Law Text - Cases - and Materials
Question: Discuss about the Construction Contract Law for Text, Cases, and Materials. Answer: Introduction: The main purpose of the study is to analyse the various legal factors that are related to the facts that are provided by Bob. Therefore, as the legal advisor of Bob, it is the responsibility so that the issues can be analysed and the final conclusion can be drawn. Other than that there are various legal factors and the impacts on the contract are also discussed. Based on that analysis lastly, the conclusion is made for the following report (McKendrick, 2014). After the analysis of the above case scenario, there are various issues that can be framed after the analysis of the above case scenario. In the above case, it was found that in the first case Bob was refused by Mike to pay the amount that Bob asked for. In this, Bob did accept the terms that Mike set for him. However, there was no reply from Mike that they cannot accept the deal and would have sent an email. Rather, the entire consignment was cancelled and they send the computers back. Legally speaking it was not correct that Mike did with Bob. In the second fact, it can be seen that there are no issues that are faced by Bob. This is because as per the facts that are given it can be seen that Bob informed Tom before the consignment can even reach him. Other than that he informed that to Tom way before the deadline that was given to Bob from Tom (Gallagher et al. 2015). In the third case, it was against Bob since there was a deal between Bob and Steve that if he took care of his cats he will provide him with the computers that he required. However, as per the contract, it was legal to provide Steve with what he deserves. Rather he just ignored what he said. As per the last fact, it can be found that Bob was not careful enough about his documents. Therefore, he sent the wrong contract papers to Mary than the one that she actually needed. Since there are no legal prove that the paper he sent was by mistake, therefore, there might be some issues that can be faced by Bob if Mary files any case against Bob for going against the contract papers that they signed (Ayres Schwartz, 2014). Laws applicable: In the case of law especially in the form of contract, it can be found that there are basically three essentials that are needed to be considered for the valid contract between the two parties. The first that is agreement that is signed second is the intention so that the two parties are bound and third is the consideration of the agreement (Poole, 2016). The contractual agreement between the two parties is only acceptable only if the two parties have agreed to the particular deal either by any means of communication that is being made between the companies. In most of the cases, it can be found that even after the acceptance of the particular acceptance of the contract the deal at the final was cancelled. Therefore, in that case, it's punishable and they might have to pay for the particular loss that might have been incurred by the other party (Corones, 2014). In the first fact that is being presented by Bob it can be found that the contract that is being made is accepted by Bob by the entire consignment was cancelled therefore, since it was not contacted to Bob that the computers were bought from somewhere else therefore as per the Minors Contracts act 1979 and Electronic transaction act 2000 it was found that Mike was punishable. In the case of Steve, it was found that there was no legal agreement that was being signed by both the parties. Other than that it was also found that the deal was just verbal rather than legal. Therefore, there might be the intention of misleading the contract by Bob. Thus, there are no legal actions that can be taken against Bob. Lastly, in the case of the last fact that was presented it can found that the legal papers that are being provided by Bob to Mary were not correct since it was mismatched by other papers that were there on the table. However, even if the contract that is signed in that it must be written about the agreement that is taking place. Therefore, in that case, there was a clear communication that is being made by Bob so that it does not turn against him (Cartwright, 2016). Application of the laws: The application of the law is only valid if all the agreement that is being made is in favour of the terms and the conditions that are being provided to Bob. The application of the laws that are being discussed is only valid if there are actually any legal issues that can be found in the facts and the scenarios that are being presented. Other than that after the analysis of the overall facts and the scenarios that are being presented by Bob it can be found that in some of the cases the application of the laws are valid while in few of the other cases it was found that the application of the laws was not valid (Adriaanse, 2016). In few of the cases like the first fact, that is the refusal of the consignment by Mike is one of the legal issues in which the application of these laws is valid. In the next case that is can be filed against Bob. This is because in this case before Tom said that the products will be delivered to Bob at the end of the month. Furthermore, Bob informed Tom way before the consignment can even reach Bob. Therefore, there are no legal issues or case that can be filed against Tom. Therefore, as per the law of contracts the entire consignment can be terminated by Bob since there was some communication for the cancellation. In the third case there is no application of law that can be implemented by Steve. This is because Steve made the entire agreement without any documents. There are no legal cause that can be filed against Bob in this case. Other than that it can also be found that in the last case or the fact there are few of the legal issue that can be found that can be found some of the issues that can be against Bob. Other than that there are no legal issues that can be found against Bob. Most of the cases are in favour of Bob or they are few of the minor issues that can be solved rather than taking the help of legal actions (Willmott et al. 2013). Conclusion: The purpose of the report was to analyse the various facts that were presented by Bob. Other than that as the legal advisor of Bob, it is the responsibility to analyse the various legal issues that are related to the various facts provided by him. In the following there are four cases that are mentioned that can help in the analysis of the various legal issues that can be found in the different scenarios. Other than that it also helped to analyse and study the various contract laws and its relevant applications in the given four cases. Therefore, it can be concluded that the report helped to understand and engage in the legal research. Other than that it also helped to identify the legal issues that may arise out of the factual situations. Therefore, it can be concluded that every contract that is being carried out between the two parties there are few legal agreements that are needed to be covered so that it can help in the better partnership. Reference list: Adriaanse, M. J. (2016).Construction contract law. Palgrave Macmillan. Ayres, I., Schwartz, A. (2014). The no-reading problem in consumer contract law.Stan. L. Rev.,66, 545. Cartwright, J. (2016).Contract law: An introduction to the English law of contract for the civil lawyer. Bloomsbury Publishing. Corones, S. G. (2014).Competition law in Australia. Thomson Reuters Australia, Limited. Gallagher, M., Giles, J., Park, A., Wang, M. (2015). Chinas 2008 Labor Contract Law: Implementation and implications for Chinas workers.Human Relations,68(2), 197-235. McKendrick, E. (2014).Contract law: text, cases, and materials. Oxford University Press (UK). Poole, J. (2016).Textbook on contract law. Oxford University Press. Willmott, L., Christensen, S., Butler, D., Dixon, B. (2013). Contract law.
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