Voidable Void Contract
ACKNOWLEDGEMENTS
First of all, I would like to say thank you express to all the lecturers for the course of Master of Science (Construction Contract Management), especially my supervisor – Encik Norazam Othman, for their guidance during the writing of this master project. Without their supervision and advice, this project could not be completed on time.
Secondly, I would like to express my gratitude to my dearest parents and brother for their support and advice during these few months.
Not forgetting my classmates, a token of appreciation goes to them for giving lots of advice on how to complete and write this project.
v
ABSTRACT
Like other ordinary contracts, construction contracts are created when two parties, either between employers and contractors, contractor and supplier, or other combinations, mutually agree to a transaction. A contract may outwardly appear to satisfy all the requirements of a valid contract, but on closer examination the minds of the contracting parties are poles apart in respect of the terms of the contract. Such lack of genuineness may lead a construction contract to become void or voidable. According to Sweet (2000), it is difficult to determine the validity and voidability of a contract in the construction industry. There are circumstances which can cause a construction contract to become void or voidable, and those circumstances may not be easy to be determined. Hence, this dissertation intends to identify on what circumstances a construction contract will be rendered void or voidable. This dissertation was carried out mainly through documentary analysis of law journals. Meanwhile, due to time constraint, questionnaire survey and interviews were not carried out. There are six (6) circumstances have been identified which may render a construction contract voidable; and at the same time, another six (6) circumstances have been identified which may render a construction contract void. This dissertation perhaps is not
First of all, I would like to say thank you express to all the lecturers for the course of Master of Science (Construction Contract Management), especially my supervisor – Encik Norazam Othman, for their guidance during the writing of this master project. Without their supervision and advice, this project could not be completed on time.
Secondly, I would like to express my gratitude to my dearest parents and brother for their support and advice during these few months.
Not forgetting my classmates, a token of appreciation goes to them for giving lots of advice on how to complete and write this project.
v
ABSTRACT
Like other ordinary contracts, construction contracts are created when two parties, either between employers and contractors, contractor and supplier, or other combinations, mutually agree to a transaction. A contract may outwardly appear to satisfy all the requirements of a valid contract, but on closer examination the minds of the contracting parties are poles apart in respect of the terms of the contract. Such lack of genuineness may lead a construction contract to become void or voidable. According to Sweet (2000), it is difficult to determine the validity and voidability of a contract in the construction industry. There are circumstances which can cause a construction contract to become void or voidable, and those circumstances may not be easy to be determined. Hence, this dissertation intends to identify on what circumstances a construction contract will be rendered void or voidable. This dissertation was carried out mainly through documentary analysis of law journals. Meanwhile, due to time constraint, questionnaire survey and interviews were not carried out. There are six (6) circumstances have been identified which may render a construction contract voidable; and at the same time, another six (6) circumstances have been identified which may render a construction contract void. This dissertation perhaps is not
Bibliography: 101 BIBLIOGRAPHY Andrew Phang Boon Leong (1998). “Cheshire, Fifoot and Furmston’s Law of Contract.” 2nd Edition. Singapore: Butterworth Asia. Bockrath, J.T. (2000). “Contracts and the Legal Environment.” 6th Edition. UK: McGraw Hill. Graw, S. (2005). “An Introduction to the Law of Contract.” 5th Edition. Australia: Thomson Lawbook Co. Halson, R. (2001). “Contract Law.” 1st Edition. Great Britain: Longman, Pearson Education. Huntley, .A.K., Jackie, J., Cathcart, C. (2003). “Contract: Cases and Material.” 2nd Edition. Great Britain: Thomson, W. Green. Khoury, D. & Yamouni, Y.S. (1985). “Understanding Contract Law.” Sydney: Butterworths. Major, W.T. (1990). “Casebook on Contract Law.” Great Britain: Pitman. Major, W.T. (1983). “The Law of Contract.” M & E Handbook Series. 6th Edition. Great Britain: Macdonald and Evans. Paterson, J., Robertson, A. & Heffey, P. (2005). “Principles of Contract Law.” 2nd Edition. Melbourne: Thomson Law Book Co. 102 Richard, P. (2004). “Law of Contract.” 6th Edition. Great Britain: Pearson, Longaman. Samuels, B. M. (1996). “Construction Law.” United States: Prentice Hall. Smith, J. (1996). “Smith and Thomas a Casebook on Contract.” 10th Edition. London: Sweet & Maxwell. Treital, G. H. (1975). “An Outline of the Law of Contract.” London: Butterworths. Visu Sinadurai (2003). “Law of Contract.” 3rd Edition. Volume 2. Malaysia: Butterworth, LexisNexis.