A PRAPOSAL WHEN ACCEPTED BECOMES A PROMISE
A PROMISE ( OR A SET OF PROMISES) WITH CONSIDERATION IS AN AGREEMENT
AN AGREEMENT ENFORCEABLE BY A LAW IS A CONTRACT
1 of 23
Download to read offline
More Related Content
Contract management
1. QUANTITY SURVEYING AND CONTRACT
MANAGEMENT
LECTURE BY:
AKSHATHA B AB E, M.TECH, MISTE.
ASSISTANT PROFESSOR
DEPT. OF CIVIL ENGINEERING
1
Module 5: Unit1: CONTRACT MANAGEMENT
3. A PRAPOSAL WHEN ACCEPTED BECOMES A PROMISE
A PROMISE ( OR A SET OF PROMISES) WITH
CONSIDERATION IS AN AGREEMENT
AN AGREEMENT ENFORCEABLE BY A LAW IS A
CONTRACT
3
5. INTENSION OF PARTIES TO MAKE A CONTRACT, OTHERWISE IT IS
A SOCIAL OBLIGATION OR MUTUAL CONSENT.
PROMISES, WHICH FORM THE CONSIDERATION OR PART OF THE
CONSIDERATION FOR EACH OTHER ARE CALLED RECIPROCAL
PROMISES.
PROMISOR: A PERSON WHO IS MAKING THE PROMISE OR
PROPOSAL (CONTRACTOR)
PROMISEE: A PERSON WHO IS ACCEPTING THE PROMISE OR
PROPOSAL (DEPARTMENT)
6. A CONTACT ESSENTIALLY CONSISTS OF:
AN OFFER BY ONE OF THE PARTIES TO RENDER OR PERFORM THE
SERVICE /OR SERVICES FOR A CONSIDERATION.
ACCEPTANCE BY THE OTHER PARTY TO GET THE SERVICE AND ITS
COMMUNICATION THERE OF.
THUS A CONTRACT IS A SET OF RECIPROCAL PROMISES, WHICH
ARE TO BE FULFILLED FOR A CONSIDERATION
7. BASIC ASSUMPTIONS OF CONTRACT LAW:
A CONTRACT ID BASED ON MUTUAL AGREEMENT OR
CONVERGENCE OF MINDS OF CONTRACTING PARTIES.
CONTRACT ARISES ONLY OUT OF FREE WILL OF THE PARTIES TO
THE CONTRACTAND THE LAW ENFORCES ONLY WHAT THE
PARTIES HAVE BOUND THEMSELVES TO.
LAW CAN NEITHER MAKE A CONTRACT FOR THE PARTIES NOR
UNMAKE ONE, WHICH THE PARTIES HAVE MADE.
PROMISES SHALL BE PERFORMED AND NON PERFORMANCE OF
THE PROMISES WILL GIVE RISE TO LEGAL CONSEQUENCES.
8. WHICH AGREEMENTS ARE CONTRACT?
AN AGREEMENT IS A CONTRACT IF IT FOLLOWS:
1. FREE CONSENT
2. BETWEEN COMPETENT PARTIES
3. FOR LAWFULL CONSIDERATION (Money)
4. FOR LAWFUL OBJECT (Govt. Building, Others Building)
WHAT IS A CONSENT?
WHEN TWO OR MORE PARTIES AGREE, IN THE SAME SENSE,
UPON THE SAME THING.
9. CONSENT IS SAID TO BE FREE WHEN IT IS NOT CAUSED BY
1. COERCION
2. UNDUE INFLUENCE
3. FRAUD
4. MISREPRESENTATION OF FACTS
5. MISTAKE
WHO IS COMPETENT TO CONTRACT?
1. A PERSON WHO IS A MAJOR AS PER LAW
2. WHO IS OF SOUND MIND (mad)
3. WHO IS NOT DISQUALIFIED FROM CONTRACTING BY ANY LAW
TO WHICH HE/SHE IS A SUBJECT.
10. FOR A SUCCESSFUL MANAGENET OF A CONTRACT
ATTITUDE:
1. WORK IS WORSHIP
2. FOLLOW ETHICS IN CONRACT MANAGEMENT
3. EVERY WORK IS A NEW CHALLENGE
TARGET
1. QUALITY AND SPEED SHOULD GO TOGETHER
2. ACHIEVE THE GOALKEEPING IN VIEW CUSTOMER
SATISFACTION
PLANNING
1. IF YOU FAIL TO PLAN, YOU ARE PLANNING TO FAIL.