Contract responsibilites Flashcards

1
Q

What are the essentials of a contract?

A
  • Offer and acceptance
  • Intention to create legal obligation
  • Genuine consent
  • Capacity
  • Consideration
  • Possibility of performance
  • Contract documentation and features
  • Deposit and signing a contract

These elements must be present for a contract to be legally enforceable.

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2
Q

Define a contract.

A

A contract is an agreement which gives rise to obligations which are enforced or recognised by law

Contracts create legally binding obligations between parties.

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3
Q

What occurs during the exchange of contracts in property transactions?

A

All has been agreed, neither side can pull out, buyer has paid a deposit, it becomes a legally binding document

The deposit is usually ten percent of the property value.

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4
Q

What is the purpose of a search in property transactions?

A

To ensure people are aware of what they are getting and to prevent issues

A search must be produced by the local council.

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5
Q

What are the components of a search?

A

Up to 4 parts

These parts are required to ensure comprehensive awareness of property issues.

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6
Q

What types of information can be found in the land registry?

A
  • Land home ownership
  • Mortgages
  • Charges
  • Easements
  • Restrictive covenants
  • Right of way
  • Past ownerships
  • House prices

The land registry is the main source of information relating to land.

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7
Q

Name the three methods to solve disputes in construction.

A
  • Courts
  • Arbitration
  • Mediation

Each method has its own processes and implications.

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8
Q

True or False: Courts are typically a quick and inexpensive method for resolving construction disputes.

A

False

Courts can take a long time and are often expensive.

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9
Q

What are the three different arbiters for different aspects of building?

A
  • RIBA (design)
  • CIOB (management)
  • RICS (money)

Each arbiter specializes in a specific area of the construction industry.

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10
Q

What is mediation?

A

A flexible and confidential process used to settle a dispute between two or more parties

Mediation is often less formal and can be quicker than arbitration or court.

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11
Q

Fill in the blank: Disputes in construction are usually between the _______ and main contractor.

A

[client]

Issues often arise from lateness, quality, or financial disagreements.

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12
Q

List some common causes of disputes between clients and contractors.

A
  • Lateness
  • Quality
  • Money

These issues can lead to significant conflicts in construction projects.

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