Lecture 5 - Contract, Rights, Obligations

Question 1

Contract

Answer 1

Commercial agreement to carry out work for a payment

Question 2

Formation of Contract

Answer 2

1) Offer
2) Acceptance
3) Consideration (Payment)
4) Intention (Legal relations)

Question 3

Contract Terms

Answer 3

Defined rights and obligations of the contract

Question 4

Express Terms

Answer 4

Terms written in the contract and agreed between contracting parties

Question 5

Implied Terms

Answer 5

Implied by court when important terms are missing

Question 6

Forms of Contract

Answer 6

Since many contracts have terms that apply to multi projects, standard contract exists with standard terms

Question 7

Employer Rights/Obligations

Answer 7

1) Provide Site
2) Pay Contractor
3) Specify Insurance
4) Health/Safety
5) Appoint Contract Administrator
6) Not hinder

Question 8

Contractor Rights/Obligations

Answer 8

1) Construct/Complete in Time
2) Use Materials/Workers
3) Security/Control
4) Construction Plan
5) Correct Defects
6) Health/Safety