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PROFESSIONALPROFESSIONALPROFESSIONALPROFESSIONAL PRACTICEPRACTICEPRACTICEPRACTICE IIII [QSD[QSD[QSD[QSD 289]289]289]289]
PROFESSIONALPROFESSIONALPROFESSIONALPROFESSIONAL PRACTICEPRACTICEPRACTICEPRACTICE IIII
[QSD[QSD[QSD[QSD 289]289]289]289]
MohammadMohammadMohammadMohammad NasharudineNasharudineNasharudineNasharudine ShuibShuibShuibShuib
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INTRODUCTION OFFER ACCEPTANCE CONSIDERATION INTENTION TO CREATE LEGAL RELATIONS 2

INTRODUCTION OFFER ACCEPTANCE CONSIDERATION INTENTION TO CREATE LEGAL RELATIONS

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INTRODUCTION OFFER ACCEPTANCE CONSIDERATION INTENTION TO CREATE LEGAL RELATIONS 2
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‘a clear understanding of the contract formation process will lead to compilation of contract documents

‘a clear understanding of the contract formation process will lead to compilation of contract documents which are consistent & free ambiguity, even pitfalls, & thus may assist in avoiding possible disputes from differing interpretations & constructions.’

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pitfalls, & thus may assist in avoiding possible disputes from differing interpretations & constructions.’ 6

DEFINITION

DEFINITION Sir William Anson, The Learned English Authority On Law of Contract has defined a contract

Sir William Anson, The Learned English Authority On Law of Contract has defined a contract as:-

A le all

g more parties, by which rights are acquired by one or more to acts or forbearances on the part of the other or others.

a reement between two or

bindin

y

g

g

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by one or more to acts or forbearances on the part of the other or others.
CONTRACT FORMATION 1. OFFER 4. INTENTION
CONTRACT
FORMATION
1. OFFER
4. INTENTION
2. ACCEPTANCE
2. ACCEPTANCE
3. CONSIDERATION
3. CONSIDERATION

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CONTRACT FORMATION 1. OFFER 4. INTENTION 2. ACCEPTANCE 3. CONSIDERATION 8
Main Contractor Domestic Sub- Contractor Nominated Sub- Contractor Nominated Supplier 9

Main Contractor

Main Contractor Domestic Sub- Contractor Nominated Sub- Contractor Nominated Supplier 9

Domestic Sub- Contractor Nominated Sub- Contractor Nominated Supplier

Main Contractor Domestic Sub- Contractor Nominated Sub- Contractor Nominated Supplier 9
Main Contractor Domestic Sub- Contractor Nominated Sub- Contractor Nominated Supplier 9

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Contractor Nominated Sub- Contractor Nominated Supplier 9 CLIENT/EMPLOYER DESIGN TEAM Architect C&S Engineer
CLIENT/EMPLOYER
CLIENT/EMPLOYER
Sub- Contractor Nominated Supplier 9 CLIENT/EMPLOYER DESIGN TEAM Architect C&S Engineer M&E Engineer
DESIGN TEAM Architect C&S Engineer M&E Engineer QS Land Surveyor
DESIGN TEAM
Architect
C&S Engineer
M&E Engineer
QS
Land Surveyor
BUILDING TEAM
BUILDING TEAM

CONTRACT

CONTRACT CLIENT/EMPLOYER MOA DESIGN TEAM BUILDING TEAM 10
CLIENT/EMPLOYER
CLIENT/EMPLOYER

MOA

DESIGN TEAM

BUILDING TEAM
BUILDING TEAM

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DEFINITION

DEFINITION An offer must be made to someone - it may be made to any number

An offer must be made to someone - it may be made to any number of people, even the whole world:

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DEFINITION An offer must be made to someone - it may be made to any number
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DEFINITION

DEFINITION A vague term of a contract may spoil it because it is not certain what

A vague term of a contract may spoil it because it is not certain what the acceptor is actually accepting:

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DEFINITION A vague term of a contract may spoil it because it is not certain what
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DEFINITION

DEFINITION A valuable consideration may consist either in some right interest profit or benefit accruing to

A valuable consideration may consist either in some right interest profit or benefit accruing to one party or some observance detriment loss of responsibility given suffered or undertaken by the other - Curries v Misa .

Consideration is in two lots with each party suffering both a benefit and a detriment each giving and receiving and thereby creating the agreement.

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with each party suffering both a benefit and a detriment each giving and receiving and thereby

DEFINITION

DEFINITION Most consideration begins as a promise for a promise. At that stage the consideration is

Most consideration begins as a promise for a promise. At that stage the consideration is said to be executory. As each party performs his or her part of the consideration it is said to be executed. Sometimes there may be a considerable time between the promise and the performance as in the sale of land in other cases the promise and performance may for both parties be simultaneous as in the sale and purchase of goods in a supermarket.

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the promise and performance may for both parties be simultaneous as in the sale and purchase

DEFINITION

DEFINITION Unilateral contracts are unusual in that instead of both the offer and the acceptance being

Unilateral contracts are unusual in that instead of both the offer and the acceptance being promises and executory, the promise of the offer is executory consideration but the performance of the acceptance is executed .

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and executory, the promise of the offer is executory consideration but the performance of the acceptance
RULES OF CONSIDERATION Provided consideration is real and genuine then it need not be adequate.

RULES OF CONSIDERATION

Provided consideration is real and genuine then it need not be adequate. i.e. as long as there is some consideration then the courts will not inquire as to whether the bargain is "fair". However although consideration may be small it must not be a sham ( £1 for a Rolls Royce is a valid bargain if the parties agree):

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consideration may be small it must not be a sham ( £1 for a Rolls Royce
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DEFINITION Agreements are either domestic and social or commercial and business. 23

DEFINITION

DEFINITION Agreements are either domestic and social or commercial and business. 23

Agreements are either domestic and social or commercial and business.

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DEFINITION Agreements are either domestic and social or commercial and business. 23
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DEFINITION

DEFINITION Agreements are either domestic and social or commercial and business. 25

Agreements are either domestic and social or commercial and business.

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DEFINITION Agreements are either domestic and social or commercial and business. 25