Construction Law

The UK construction industry has been capable of a delivery large number of a project there remains a general dissatisfaction in the overall performance of the industry. The feedback from the client is also on the negative side as projects are unpredictable regarding delivery time, budgets always exceeding the initial estimated, and quality of work failing to meet industry standards. (Department of Trade and industry, 1998) A lot of time is also lost in trials and litigations thereafter. Another problem is that the industry is highly fragmented with a lot of players, thus leading to the loss of continuity in working and delay in assessing ones exact scope of work. It is with respect to these ambiguities that a proper study of the English Contract Law needs to be done prior to entering into an agreement. A contract is a set of promises made by one party to another party, the breach of which could enter both the parties into a dispute. The clauses in the contract would then act as a sort of remedy of the performance to be undertaken. Some of the terms relevant to the English Contract Law are (i) The Proof of the Promise: This is achieved by the idea of objective intention. This would in effect be the intentions of the concerned parties that an external observer like a court would decide when this matter is referred to it. A case which illustrates this idea is that of the ‘Smith v. Hughes’ (1871). This involved the claimant making a sale of oats to the defendant who bought these to feed his horses. Horses require old oats since newly harvested oats can cause digestion problem for the horses. However, it later came to light that the oats were not old enough to feed the horses. The defendant subsequently refused to pay any money to the claimant. The critical point in this judgment is for the judge to decide whether the sale of oats by the claimant unreasonable when he was offering to sell old oats and how could one possibly decide whether the oats were old enough to feed horses. (Tilbury Nadine, 2006) (ii)The Form of the Promise: This requires an offer to be made by the promisor and unconditional acceptance on the part of the promise. An example of this case is the Moran v. University College Salford.