Question 1: (This Question provides evidence for 1.1) 500 WORD
Explain the importance of the essential elements required for the formation of a valid contract in the following situations:
1. Temporary daily wages Worker doing work and following instructions from the supervisor . USE THE ELEMENTS IN EACH SITUTION .
2. Tenant staying in an apartment
3. Contractor working on project site
4. Customer in an Amusement Park . THERS A VERBAL agreement
5. Buyer and Seller of Consumer Product like Body Lotion
Guidelines: You need to specify the essentials of the contract like written terms, verbal, implied etc, terms & conditions, validity, the area of application, acceptance & intent in each situation to achieve
Question 2: (This Question provides evidence for 1.2) 500 WORD
Discuss the impact of the contract on the parties who have signed it and also on the others . how their legally bonded to each other .
Guidelines: You need to explain how the signing of the contract between the site Owner and contractor has impact on the two parties and also on others like subcontractors, customers, site inspectors etc regarding factors like Health & Safety, compensation, non-compliance etc .
Question 3: (This Question provides evidence for 1.3)500 WORD
The following is a part of contract between contractor and Owner of a site
“OWNER/CONTRACTOR AGREEMENT
THIS CONTRACT made this 21st day of October, 2011, by and between Nakeel LLChereinafter called “Owner” and AL Tawir hereinafter called the “Contractor.”
WITNESSETH: Mr. Imran Hussain and Mansoor Khan
That the Owner and the Contractor, for the considerations hereinafter named, mutually agree as follows:
ARTICLE I
CONTRACT DOCUMENTS
The Contract Documents shall consist of the Construction Rehabilitation Contract, Conditions of the Contract (General, Supplementary and Other Conditions), Attached Sketches and Noted Photos, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after the execution of this Agreement; these form the Contract and are as fully a part of the Contract. The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations and agreements, both written and oral.
In the event of a conflict among the Contract Documents, the Documents shall be interpreted according to the following priorities:
First Priority: Manufacturer’s Most Recent Installation Instructions
Second priority: Construction/Rehabilitation Contract
Third Priority: General Conditions of Contract, 2000 version
Fourth Priority: Addenda to Specifications or Drawings (with later date having greater priority)
Fifth Priority: Work Write-Up dated ______________
Sixth Priority: Drawings (Plans) dated _____________ “
Explain and analyze the terms in the above contract with reference to their meaning and effect 1st part of the contract is an agreement and then the date of issue whose the owner and whose the contractor and the contract document and then the priority .is require the meaning and effect of each term in a contract and the priority is if something happened between bouth parties its goes the the important essential of the problem and try to fix it first .
Question 4: (This Question provides evidence for M1 with reference to 1.3) 500 WORD
Explain how you can make the situation in Worker-Supervisor situation more effective in implementation and water tight from legal point of view M1
Basically definition of employment contract and then and how it will be in the most effected and water tight is when the both are felt safe . as example writing the duty
Question 5: (This Question provides evidence for 2.1) 500 WORD
Apply the elements of contract in the given situation given below:
The Contractor has not trained the workers on the site in operating the heavy equipment and there is evidence of the workers not using the equipment due to the lack of training .
Have to say vicarious liability of the boss on the employee
Health and safety , rights , insurance ,if the company is late it will not be the employee problem .
Question 6: (This Question provides evidence for 2.2) 500 WORD
The contract awarded and signed by the Owner and the Contractor has this performance time clause and the penalty clause for non-Performance as given below:
“ TIME OF PERFORMANCE
The services of the Contractor are to commence on 21st October 2011 and shall be completed by 20th October 2013. As time is of the essence, the Contractor will, if these services are not completed within this time period, be assessed the amount of LD 300 (three hundred dinars) for each day the work is not substantially completed after 1st November 2012 unless an extension is granted by the Owner. Liquidated damages shall be deducted from the total amount of payment due the Contractor under this Contract. “
The contractor has completed just 85% of the work as certified by the Works Manager and due to this RTA has not been able to complete the New Airport work at Tripoli International Airport.
Explain the application of this term of the contract and evaluate the other impacts to the parties and third parties the people of Tripoli.
Term of time of performance and its affect on how the company is gona pay the damages , use an example of how the 3rd party is gonna be affected , theres should be an insurance so they can back up their plan
Question 7: (This Question provides evidence for 2.3) 500 WORD
Evaluate the effects of the following terms in the contract between Owner and Contractor of a Project
• Owner/Contractor agreement b) Witnesseth c) Contract documents d) scope of services e) contract price f) progress payments g) contractor affidavit h) owner’s representatives/lender’s agents i) changes in the work j) fines k) termination of agreement l) arbitration m) assignment of contract
Definition of each and relate it to the contract