M222 - Commercial Management Practice and Law of Contract - Law Assignment Help

Assignment Task

Task 1
Mrs. Silva was having intension to buy Mr. Kamal’s 10 Perch Land and suddenly she got aware that Mr. Kamal is going to sell the land. She contacted Mr. Kamal and asked for the minimum price of the land and he replied as 1.5 Lak per perch. She was delighted and requested to send the deeds to her to check them prior to buying the land. However, Mr. Kamal didn’t send any deeds. Mrs. Silva was furious and filed a case against Mr. Kamal claiming that Mr. Kamal has already sold the land to Mr. Vijith.
Identify whether there is a legally valid contract and primary ingredients to make contract legally valid?
Advice Mrs. Silva whether she is entitled to buy the land and whether there is a valid contract between the parties with reference to case laws.

Task 2
Contractor (Solid Engineering) entered into a Contract where he was required to demolish 10 houses and build 8 house with stables within 1 year time. But the Client (Dr Jacob) delayed the Contractor’s possession of site by two weeks. This resulted a month delay in the Project due to the non-delivery of construction materials and labour issues. The Contractor did not submit the Extension of time notice as well.
Further, during the construction, one of the subcontractor’s labour faced an accident and had leg and spine injuries. This made the construction work further delayed since the health authorities banned the construction site until implementing a proper health and safety plan hence if not further accidents and fatal injuries can occur in the construction site.
Finally, the Contractor had delayed the Project for three months and the Client refused to pay for the Work done arguing that the Contractor had not performed well and there are quality failures in the roof and tiling work. You have been selected as the construction lawyer for this Project by the Client and seeking advice for following issues since the Contractor has sued the Employer even though there is an ADR Clause in the Contract.
Form of contract referred for this project was FIDIC 1999.
Identify and assess the contractual liabilities of the Parties and suitable contract administration procedure and commercial management to the Contract in different stages of the Project with the suitable case laws.
What is the difference between the contract and a tort?
Identify applicable tort type in the above project and describe the effect of the law of tort on the construction industry using appropriate case studies.
Analyze the legal requirement of occupational health and safety and its importance to complete the construction without unnecessary delays and cost.
Discuss the available ADR methods in construction industry.

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