By M P Furmston; Vincent Powell-Smith
Letters of motive -- charges of tendering -- Tenders and estimates -- Incorporation of records -- of completion of the agreement -- The contractor's duties -- The employer's responsibilities -- possession and vesting of fabrics -- popularity and defects -- Approval and certificate -- adaptations -- Damages for breach of development contracts -- Prolongation and disruption claims -- Liquidated damages and extensions of time -- liberate -- Frustration -- Illegality -- Forfeiture clauses, repudiation and resolution -- hassle -- project and sub-letting -- family sub-contractors -- Nominated sub-contractors -- development contracts and the legislation of tort. pt. 1. Formation of the agreement -- pt. 2. functionality of the agreement -- pt. three. Discharge of the agreement -- pt. four. Sub-contracts and sub-contracting -- pt. five. development contracts and the legislations of tort
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Sample text
He relied as well on some unchallenged evidence which reads: The terms and conditions of the Main Works Contract are wholly inappropriate in the context of the Supply Contract with which the plaintiffs were concerned. I see the force of [the plaintiffs’] submissions. Nevertheless, I see that the approach to the problem before me has been set out by Lawton LJ in the Butler case. Adopting that approach, I see that the Sauter offer dated 10 April 1985 is met on 20 June 1985 with an ‘order’ from Goodmans which desires Sauter to supply (but not to install) certain equipment at a price 2½% below the Sauter price.
Thus, if one party to a dispute under a contract wishes to litigate it in a court of law, it would be no answer for the other party to prove, by the clearest evidence, or even an admission, that there had been an oral agreement to arbitrate, which had not been reduced into writing or specifically evidenced by writing. If, as is the position by statute, an oral agreement will not suffice, it must surely follow that an agreement depending, in any essential part, in inference will not suffice. Thirdly, the status of a so-called ‘arbitration clause’ included in a contract of any nature is different from other types of clause because it constitutes a ‘self-contained contract collateral or ancillary to’ the substantive contract.
2. The judge found those circumstances to be conclusive against the defendant. The question is whether, if I am right in holding that there is no special rule of construction which prevents effective incorporation of the arbitration clause by these general words, the court should, on ordinary rules of construction, hold those words to be effective for that purpose. 28 Formation of the Contract sir john megaw: There are, in my opinion, three important inter-related factors peculiar to arbitration agreements.