Construction Contracts Introduction For this assignment the writer is going to discuss the nature and types of construction contracts and will explain the legal responsibilities of the various parties involved in the design and the construction process. Using different types of sources an explanation to the basic principles of contract law and how they apply. From doing this there will then be an explanation to what extent standard forms of contract are special types of contract. Contract that has
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FACTS: SS/Alicante‚ belonging to Compania Transatlantica de Barcelona was transporting two locomotive boilers for the Manila Railroad Company. The equipment of the ship for discharging the heavy cargo was not strong enough to handle the boilers. Compania Transatlantica contracted the services of Atlantic gulf and Pacific Co.‚ which had the best equipment to lift the boilers out of the ship’s hold. When Alicante arrived in Manila‚ Atlantic company sent out its floating crane under the
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A contract is a legally binding agreement or relationship that exists between two or more parties to do or abstain from performing certain acts. A contract can also be defined as a legally binding exchange of promises between two or more parties that the law will enforce. For a contract to be formed an offer made must backed acceptance of which there must be consideration. Both parties involved must intend to create legal relation on a lawful matter which must be entered into freely and should be
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NOVATION (Article 1291) * The extinction of an obligation through the creation of a new one which substitutes it * The substi or change of an oblig by another‚ which extinguishes or modifies the first‚ either: * by changing its object or principal conditions * by substi another in place of the debtor * by subrogating a third person in the rights of the creditor (Subrogate - Take over a legal claim or right against a third party from another party who previously owned that
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CHAPTER 2: Nature and Effects of Obligations Art. 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family‚ unless the law or the stipulation of the parties requires another standard of care. (1094a) 3 kinds of prestations in obligations: • To give real (there is some physical thing which may be the subject of possession‚ the delivery of which completely discharges the obligation) • To do • Not to do
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The Transaction Cost Advantage of Guanxi-Based Business Practices Stephen S. Standifird R. Scott Marshall The purpose of this paper is to provide a theoretical explanation of the perpetuation of China’s guanxi-based business practices. As a complement to the social embeddedness- and resource-based explanations‚ we seek to demonstrate the perseverance and relevance of guanxi in terms of the transaction cost advantages it offers. Specifically‚ we argue that guanxi-based business practices offer certain
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Chapter 4: MODES OF EXTINGUISHING OBLIGATIONS a) By payment or performance b) Loss of the thing due c) Condonation or remission of the debt d) Confusion or merger e) Compensation f) Novation In addition: g) Annulment h) Rescission i) Fulfillment of a resolutory condition j) Prescription k) Death of a party in case the obligation is personal l) Mutual desistance m) Compromise n) Impossibility of fulfillment o) Happening of fortuitous events PAYMENT or PERFORMANCE
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Social Contract Theory Social contract theory‚ nearly as old as philosophy itself‚ is the view that persons’ moral and/or political obligations are dependent upon a contract or agreement among them to form the society in which they live. Socrates uses something quite like a social contract argument to explain to Crito why he must remain in prison and accept the death penalty. However‚ social contract theory is rightly associated with modern moral and political theory and is given its first full
Free Political philosophy Social contract John Rawls
Angie Z. Tutorial Section: D115 December 6‚ 2010 Compare and contrast the ‘social contract theories’ of Thomas Hobbes and John Rawls. Which theory is more persuasive? Be sure to explain what Rawls means by ‘the original position‚’ and the ‘veil of ignorance‚’ and why those concepts do not figure in Hobbes’ theory. Social Contract Theory holds that the only consideration that makes actions right is that action is in accordance with an agreement made by the rational people for governing their
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Difficulties Involving Early Colonization Ekaterina Smirnova When reviewing the writings of John Smith and other various writers‚ we begin to envision the significant roles they played in the colonization of the New World. Despite the hardships John Smith faced while attempting to colonize Jamestown‚ he implemented strong values and principals such as “one who does not work‚ shall not eat.” In Smith’s eyes all people were to work together to achieve a common goal. He always thought about what was
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