Contract Management - JCT IBC (2005) Contract Advice
A case study providing practical advice to a university (also the client) on the contractual issues around the JCT IBC 2005 contract.
Case Study # 112283 |
4,667 words (
approx. 18.7 pages ) |
13 sources |
APA | 2008
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$ 72.95
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Abstract
This case study aims to provide advice concerning the contractual issues around the JCT IBC 2005 contract. The author creates a scenario where a university is the client who has requested some advice and further clarification concerning the contractual difficulties that have been encountered. The paper relates the background of the situation - the client had deferred possession of the site to the contractor under the terms and conditions as set out the JCT IBC (2005) contract which resulted in the contractor's request to claim for direct loss and expense. The author addresses the issues of direct loss and expense, and adjustment of the completion date as related to the terms stipulated in the JCT IBC 2005 contract. The author explains the roles of parties that might be involved in such a scenario such as architects and sub-contractors. The paper also includes recommendations for better practices for future projects for the client.
Contents:
Introduction
Current Situation
Claims for Direct Loss and expense
Claims for Extension of Time and LADs
Role of the Architect
Procurement Considerations and Implications of Sub Contractors
Conclusion
Bibliography
References
From the Paper
"This report has been produced to provide practical advice to the University (herein 'the Client') on the contractual issues around the JCT IBC 2005 contract. The client proposes to refurbish a Police Authority Building opposite the main campus. The contractor was appointed under a Traditional building contract using the terms and conditions as set out the aforementioned standard form of contract, and has just started on site. The client has already experienced some difficulties and has requested some advice and further clarification concerning the contractual difficulties that have been encountered."
Tags:building contract, contractual difficulties
An overview of contracts and contract law.
Term Paper # 122702 |
1,000 words (
approx. 4 pages ) |
8 sources |
MLA | 2008
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$ 21.95
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Abstract
This paper describes contract law and examines the different types of legal contracts. It looks at express contracts, bilateral contracts, unilateral contracts and implied contracts. The paper concludes with a discussion of what makes a contract legal.
From the Paper
"A contract is an agreement made between two or more people and when a contract is made it means that there is a duty created to do or not to do a particular thing. A contract agreement can be oral or written and its purpose is to establish an agreement between the parties concerned and to make clear to all involved their rights and duties which have been stated in the agreement. When an offer has been made and accepted then the parties involved have a legally..."
Tags:contract law, definitions, legal
An exploration of contract law.
Term Paper # 134456 |
1,250 words (
approx. 5 pages ) |
3 sources |
APA |
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$ 25.95
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Abstract
The paper explains that Common Law is law that developed and continues to evolve in the courts, meaning it is judge made law. The paper further explains that Common Law relies heavily on precedent and is reasonably uniform throughout the nation and in all states. The paper then discusses how the nature of contract law has been developed as part of the common law and is followed in defining the necessary parts of the contract and in analyzing risk in the contract situation.
From the Paper
"The Common Law is law that developed and continues to evolve in the courts, meaning it is judge-made law. Common Law relies heavily on precedent and is reasonably uniform throughout the nation and in all states. The nature of contract law has been developed as part of the common law and is followed in defining the necessary parts of the contract and in analyzing risk in the contract situation. There are certain elements required of a valid and legally binding contract. A contract is an agreement that involves an offer made and accepted. It is an agreement that is voluntarily created by persons with the capacity to contract. The objectives of the agreement must be legal,..."
Tags:contract, common, law
A review of the book "The Social Contract" by Jean-Jacques Rousseau.
Book Review # 16589 |
1,234 words (
approx. 4.9 pages ) |
1 source |
MLA | 2002
|
$ 25.95
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Abstract
This paper examines the "The Social Contract" by Jean-Jacques Rousseau which argues that we are all born free and equal, yet do not live either freely or equally. It discusses the argument that the construction of the General Will is the means by which people can achieve freedom. The General Will is the social contract where all members of society agree to obey the General Will to be part of society. Rousseau argues that by this General Will, the separate wills of each member of society converge into one and that freedom is achieved because every citizen is equal, each being a single unit of the General Will and having the same amount of influence over it. It considers the implications of the General Will and the social contract and how Rousseau's version of freedom and equality may never be truly attained, however this may be a reality of a society, rather than a downfall in the theory.
From the Paper
"Rousseau differentiates between two types of freedom, personal freedom and social freedom. Personal freedom is an individual's own selfish choices, where an individual will carry out only those actions that are of benefit to them. Social freedom is the freedom achieved when an individual carries out those actions that the General Will requires. Rousseau argues that social freedom must be achieved at the expense of personal freedom. This is the cost of being part of a society. Thus while an individual is born free, their freedom in society cannot exist until they give up their personal freedom. Giving up their personal freedom for social freedom, means all individuals act in accordance with what is best for society as a whole, not their own needs and wants. It is true in this, that individuals do give up freedom."
Tags:general, will, social, contract, individual, freedom, society
Reviews a contract case involving a young woman. .
Case Study # 131281 |
2,500 words (
approx. 10 pages ) |
2 sources |
MLA |
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$ 45.95
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Abstract
The following paper gives an overview of a contract case involving a young woman and her commitment to driving co-workers and a sibling each day. The paper focuses on the obligations in an oral contract. It further cites that oral contracts, while more difficult to enforce in a court of law, are nonetheless just as binding upon the parties involved and impose real terms and conditions that should be respected.
From the Paper
"The following paper will briefly review a contract case involving a young woman who has driven two of her co-workers to work for a number of months and who has also taken the time to drive her younger sibling to school each day. The paper outlines the facts of the case as well as what aspects of traditional British and Canadian contract law are applicable; most importantly of all, the paper sets forward what obligations Sally has to each of the three individuals discussed above. In the end, what should be clear is that oral contracts, while more difficult to enforce in a court of law, are nonetheless just as binding upon the parties involved and..."
Tags:contract, law, sally
An analysis of the plausibility of John Locke's social contract theory.
Analytical Essay # 142075 |
1,500 words (
approx. 6 pages ) |
0 sources |
MLA |
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$ 29.95
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Abstract
The paper asserts that John's Locke's influence with respect to the founding of American principles and ideologies is undeniable. The paper discusses how influences from Locke's social contract theory, in fact, are clearly evident in the Declaration of Independence, the U.S. Constitution, and the Bill of Rights (Carrese 335). In light of these facts, the current study determines whether or not the Locke's social contract theory rests on a sound or cogent argument.
From the Paper
"John's Locke's influence with respect to the founding of American principles and ideologies is undeniable. Influences from Locke's social contract theory, in fact, are clearly evident in the Declaration of Independence, the U.S. Constitution, and the Bill of Rights (Carrese 335). In light of these facts, the current study determines whether or not the Locke's social contract theory rests on a sound or cogent argument. In the process of examining the plausibility of Locke's argument, the current study addresses all of the pertinent features of Locke's social contract..."
Tags:john locke, social contract theory, distributive justice
A discussion regarding the legalities involved in Contract Law and Tort Law.
Essay # 86431 |
900 words (
approx. 3.6 pages ) |
2 sources |
2005
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$ 19.95
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Abstract
This paper discusses the differences between tort law and contract law, and how they impact on the individual and/or organization. According to this paper, taking legal action based on tort law and contract law, is not simple. One has to taken the issues involved into very careful consideration. This paper reviews the issues and the necessary steps to be taken.
From the Paper
"Tort law and contract law specifically impact individuals or organizations that believe that they have encountered others who have negatively impacted them in an intentional manner. Yet, the determination of finding legal recourse through tort law or contract law requires specific attention to the actions that have occurred, as well as whether or not those actions may encompass both areas of law in relation to the individual. Contract law is, by definition, an agreement between two parties in which both are willing to enter into a binding mutual exchange where both entities benefit. The contract states what the parties are willing to exchange and generally provides all of the stipulations of that agreement in documented or verbal form (Rowley). The documentation or verbal agreement allows the parties to have proof of their intentions, and should those intentions not be met either party has a legal recourse through lawsuit as necessary."
Tags:contract, tort, law
A discussion on education, government by the people and domestic tranquility as included in the American Social Contract.
Analytical Essay # 141740 |
1,000 words (
approx. 4 pages ) |
4 sources |
MLA |
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$ 21.95
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Abstract
This project explores the American Social Contract under which most citizens live and explains that this contract includes our agreement as citizens to pay taxes, adhere to the laws, participate as jurors and vote to shape our legislation. The paper explains that in exchange for these services, we expect the government to provide specific goods and services. The paper explores three of the goods and services including Education, Government by the People, and Domestic Tranquility, as it relates to the future diversity of Los Angeles.
From the Paper
"The American Social Contract encompasses all elements of our basic duties, obligations and expectations as citizens. The basic premise is that our welfare, as citizens, is inextricably linked to contributing our fair share to the community. We contribute through our taxes, jury duty, voting, and our adherence to the laws. If, at any point, we fail to make our contribution, it is understood that certain consequences may result. Moreover, if our government, or our fellow citizens fail to keep their contract, we expect that they will be punished."
Tags:social, contract, immigration
This paper explains and examines social contract theory.
Analytical Essay # 123363 |
1,000 words (
approx. 4 pages ) |
5 sources |
MLA | 2008
|
$ 21.95
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Abstract
An analysis of social contract theory that focuses on how cogent and plausible its major tenets are. The writer looks at the political treatises of Hobbes, Locke and Rousseau impact on the idea of a social contract.
From the Paper
"Social Contract Theory refers to the political theory that legitimate political and moral authority derives from the consent of the governed. This consent takes the form of a contract or a mutual agreement between the governed and their leaders. The idea of a social contract originated in a series of political treatises in the seventeenth and eighteenth centuries by Thomas Hobbes John Locke and Jean-Jacques Rousseau. These works were hugely influential in their time and ultimately formed the theoretical framework for the development of our modern democratic political ..."
Tags:social contract theory, rousseau, locke, hobbes, rational, government, society, state, nature
The Electronic Contract
This paper focuses on the place of the electronic contract in modern day law practice.
Essay # 3237 |
2,530 words (
approx. 10.1 pages ) |
14 sources |
2002
|
$ 46.95
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Abstract
This paper explores e-commerce and the legality of such translations that are increasing so rapidly. The paper examines the formation of electronics contract and discusses the position it holds in law. Case studies are included in the paper.
From the Paper
"Amazon.co.uk is a web site company that sells books, DVDs, CD's, software and video games. In their terms and conditions, it says: Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Amazon.co.uk sends the e-mail to you (whether or not you receive that e-mail)? " As in the postal rule " whether or not acceptance is received, it will be deemed to be an effective contract."
Tags:commerce, cases, contract, electronic, law, legal, postal, registration, rule, web, site, e-commerce, e-mail, trade, transactions