Contract of Law

Contract of Law

Question 1

In question, an interesting situation is given regarding David whether he can cancel the order with the builder's merchant and purchase the bathroom suites from elsewhere and claim the difference of 5500 pounds from the merchants. As given in the scenario, David was feeling difficulty in getting the desired bathroom suites from the merchants on the assigned time and thus causing him a great trouble. Considering the contract, it was mentioned that the merchants will provide the desired suites on the assigned date but at the end of the second week of January, merchants called David and told him that there has been delayed in the manufacturing of the suites and due to that the suites will be delivered with a delay of three weeks. This situation was very much alarming for David because he already planned everything. Therefore, in this situation, it would be better for him to contact another merchant for the goods because the contract signed with the builder was by the end of the first week of March.

In this scenario, David being on the innocent side, therefore, the innocent party posses the right to terminate the contract that rises due to a particular type of breach of contract by the builder's merchant. Generally, under the common law, there are three different ways mentioned, which are used by the innocent party to have the right of terminating the contract.

Any breach of a condition mentioned in the contract (or essential term)

A serious and significant breach of an intermediate term possess in the contract

The attitude of the defaulter may force the innocent party to terminate the contract because the defaulter is unwilling or unable to comply with the contract conditions.

Under these three conditions, it could be easily understood that the situation mentioned in the scenario is very much relevant to the all the three above mentioned conditions because the builders merchant breached the condition of the contract in which it was stated that the bathroom suites will be delivered in the second week of January but the merchant was very much late.

Therefore, as per the scenario, David and Angela hold the rights regarding the contract to terminate, and there are basically two main types of termination;

Termination of the contract by one of the party in total

Termination of the engagement of the contractor



Construction Laws

According to various construction laws if the builder is facing any problems in the making of the desired project and it becomes obvious to the builder that he won't be able to deliver the requirements according to the specified time in the contract than it becomes obligatory on the builder that he sends a formal request to the other party telling them that the delivery in the project will be subjected to delay and should also mention the reasons caused for the delay. In most of the cases the federal projects and states are the identity of the bonding company and the delay should be submitted to ...