construction contract low

“ Discuss how a construction contract is interpenetrated if the is any alleged ambiguity".

Consideration has been given to the construction of contract documents generally. Construction of contracts is the process of legal analysis by which the meaning and effect of contractual terms is determined. Whilst it is used primarily as a means of resolving disputes over ambiguities in the contract, the principles of construction or should also be borne in mind by parties negotiating or drafting contracts as these are the principles upon which will apply in the event of the parties are subsequently unable to agree upon the meaning of the contract

· Marking criteria.

· 1. Discuss the interpretation aids provided in standard form building contracts.?  ( "The contract itself may assist with the process of interpretation by any of all of the following types of provisions") (  3 marks) Please explain by the use of all relevant authority in the text of your answer and you can refer such as attachments.

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· 2. Discuss the key general contract interpretation principles applicable to construction of contracts .(3 marks) Please explain by the use of all relevant authority in the text of your answer and you can refer such as attachments.

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· 3. What is the role played by the parol evidence rule and the entire contract clause in the construction of contracts? (3 marks)  Please explain by the use of all relevant authority in the text of your answer and you can refer such as attachments.

      4. Presentation.

       Presentation consists of the use of secondary and primary sources as attachments.  ( 3.5 marks out of 12.5)

· Primary sources consist of 

· case law reports ( headnotes and judgement extracts)

· statutory sections and 

· reference to clauses in standard form construction contracts.

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· Secondary sources are textbooks and journal articles.

· Question 3

· " Statements made during the negotiation of a contract may be intended only to improve the bargaining position of the person making them enough to form part of the contract. These are referred to as mere representations.

· There is no precise test as to whether a pre-contractual representation becomes the term of the contract, however the courts could consider the intention of the parties in the circumstances in which the statement was made.

· "This is because the law has traditionally treated terms of the contract as falling into two categories and treating breaches of each type of term differently"

· "Consent remains the cornerstone of the law of contract – although obligations undertaken by the parties must be freely entered into. If the consent is vitiated by... or induced by misrepresentation or extracted as result of duress, undue influence or unconscionable conduct, the agreement may not be enforceable." Concise Australian Commercial Law by Turner, Trone and Gamble page 105ee  

· Marking criteria

· 1.Discuss how verbal terms could be incorporated into a domestic building contract or a commercial building contract.  (3 marks)  Please explain by the use of all relevant authority in the text of your answer and you can refer such as attachments

· 2. Discuss the common law and statutory remedies available for breach of express and implied terms. (3 marks)  Please explain by the use of all relevant authority in the text of your answer and you can refer such as attachments

· 3. This discussed the remedies available to a contracting party if any of the following vitiating  elements such as misrepresentation, duress, undue influence or unconscionable dealings have occurred. (3 marks)  Please explain by the use of all relevant authority in the text of your answer and you can refer such as attachments

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· 4. Presentation

· Presentation consists of the use of secondary and primary sources as attachments.  ( 3.5 marks)

· (Primary sources consist of case law reports , statutory sections and standard form construction contracts. Secondary sources are textbooks and journal articles).

Q4

One of the basic requirements of any person is that they achieve the standard of care in the conduct of the personal and profession life that a reasonable person would in those circumstances.

Another requirement is that when doing activities on a property that there is no creation of a nuisance as defined in the law of tort.

By question is-

· 1. Discuss and explain the elements of the tort of negligence and nuisance.  Please refer to all case law, statutory law and relevant standard form contracts.

·  2. Discuss the principals of negligence as they are applied in the OH & S legislation. Please refer to all case law, statutory law and relevant standard form contracts.