Law expertsla methanata poddak enna..

AGSUPUN

Well-known member
  • Dec 29, 2008
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    Malabe
    Sri Lankan law eka gana hodata danna kenek me question 2ta answers 2k dennako.. (11.15 a.m weddi wath ona)Loku udawwak..

    Thanks in advance.


    Question 1
    Last Chance Houses is a construction company which is building houses on the lands of the customers at a price. They once agreed with Mr. Yasapala to build two houses on the lands (one in Bandaragama and the other in Mawanella) owned by him to be given away as dowry to his two daughters.The construction work started on 5th January 2014 and continued till 30th April 2014
    By May 2014 Last Chance Houses alleged that no further construction work can be taken up in both sites as there is a great difficulty to find labourers in the country in general. A sub-contract agreement is to be signed with a labour-supplier and the related costs and additional rates are to be borne by Mr. Yasapala. Mr. Yasapala disagrees to pay same. Examine the liabilities of the parties.


    Question 2
    Consequent to a tender invitation calling for buyers to send tender applications indicating their bids for the waste materials of the Government Timber Corporation. GTC wishes to sell all the waste which is left behind periodically, i.e., monthly or every two weeks
    Dumindu Enterprises, where you are employed is engaged in reproducing articles from timber dust and other waste materials and they want you to make a bid. He wants to know whether they are bound to buy all waste of GTC once they make a bid or whether they can withdraw at any time afterwards. Advise the Owner of Dumindu Enterprises as to what the law on Tenders of this nature is.
     

    Kalu_Banda

    Well-known member
  • Jul 22, 2013
    4,842
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    Colombo
    Question 1
    Last Chance Houses is a construction company which is building houses on the lands of the customers at a price. They once agreed with Mr. Yasapala to build two houses on the lands (one in Bandaragama and the other in Mawanella) owned by him to be given away as dowry to his two daughters.The construction work started on 5th January 2014 and continued till 30th April 2014
    By May 2014 Last Chance Houses alleged that no further construction work can be taken up in both sites as there is a great difficulty to find labourers in the country in general. A sub-contract agreement is to be signed with a labour-supplier and the related costs and additional rates are to be borne by Mr. Yasapala. Mr. Yasapala disagrees to pay same. Examine the liabilities of the parties.


    1. there is a contract (ctt) bw yasapala (Y) and Last Chance (L).
    2. define the ctt
    3.then Y and L bound by terms of the ctt. (Y to pay and L to build house).
    - relate the case law to this situation.. U hv a note right...?? ( if not srry)
    4. if 1st ctt state any thing abt sub cttors Y binds on it otherwise he is not.- relate the case law to this situation..
    4. in sub ctt parties nt clear.. if it bw Y and sub cttt Y bound to pay.- relate the case law to this situation..
    5. if it bw L and subctt Y is nt bound. coz Y is nt a party to ctt.- relate the case law to this situation..



    Question 2
    Consequent to a tender invitation calling for buyers to send tender applications indicating their bids for the waste materials of the Government Timber Corporation. GTC wishes to sell all the waste which is left behind periodically, i.e., monthly or every two weeks
    Dumindu Enterprises, where you are employed is engaged in reproducing articles from timber dust and other waste materials and they want you to make a bid. He wants to know whether they are bound to buy all waste of GTC once they make a bid or whether they can withdraw at any time afterwards. Advise the Owner of Dumindu Enterprises as to what the law on Tenders of this nature is.

    According to my knowledge tenders are one way of accepting Offers ( equal to Contract Law). then it also depend on the terms of the ctt. then if ctt say any thing D bounds it. But accepting time is when D applying to it... If GT select the D's tender he is bound to act on it. Bcoz D already accept the GT's offer..
     
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    AGSUPUN

    Well-known member
  • Dec 29, 2008
    2,835
    433
    83
    Malabe
    Question 1
    Last Chance Houses is a construction company which is building houses on the lands of the customers at a price. They once agreed with Mr. Yasapala to build two houses on the lands (one in Bandaragama and the other in Mawanella) owned by him to be given away as dowry to his two daughters.The construction work started on 5th January 2014 and continued till 30th April 2014
    By May 2014 Last Chance Houses alleged that no further construction work can be taken up in both sites as there is a great difficulty to find labourers in the country in general. A sub-contract agreement is to be signed with a labour-supplier and the related costs and additional rates are to be borne by Mr. Yasapala. Mr. Yasapala disagrees to pay same. Examine the liabilities of the parties.


    1. there is a contract (ctt) bw yasapala (Y) and Last Chance (L).
    2. define the ctt
    3.then Y and L bound by terms of the ctt. (Y to pay and L to build house).
    - relate the case law to this situation.. U hv a note right...?? ( if not srry)
    4. if 1st ctt state any thing abt sub cttors Y binds on it otherwise he is not.- relate the case law to this situation..
    4. in sub ctt parties nt clear.. if it bw Y and sub cttt Y bound to pay.- relate the case law to this situation..
    5. if it bw L and subctt Y is nt bound. coz Y is nt a party to ctt.- relate the case law to this situation..



    Question 2
    Consequent to a tender invitation calling for buyers to send tender applications indicating their bids for the waste materials of the Government Timber Corporation. GTC wishes to sell all the waste which is left behind periodically, i.e., monthly or every two weeks
    Dumindu Enterprises, where you are employed is engaged in reproducing articles from timber dust and other waste materials and they want you to make a bid. He wants to know whether they are bound to buy all waste of GTC once they make a bid or whether they can withdraw at any time afterwards. Advise the Owner of Dumindu Enterprises as to what the law on Tenders of this nature is.

    According to my knowledge tenders are one way of accepting Offers ( equal to Contract Law). then it also depend on the terms of the ctt. then if ctt say any thing D bounds it. But accepting time is when D applying to it... If GT select the D's tender he is bound to act on it. Bcoz D already accept the GT's offer..

    Thanks a lot for the answer bro.. I really appreciate it..
    (The sad part is i don't have a very good note. :sorry:I am doing engineering. So i used to cut law lectures and do other assignments.:baffled: Dan itin widawanawa.. :rolleyes: ) Anyway thanks again for spending your valuable time on this..
     

    Kalu_Banda

    Well-known member
  • Jul 22, 2013
    4,842
    679
    113
    Colombo
    Thanks a lot for the answer bro.. I really appreciate it..
    (The sad part is i don't have a very good note. :sorry:I am doing engineering. So i used to cut law lectures and do other assignments.:baffled: Dan itin widawanawa.. :rolleyes: ) Anyway thanks again for spending your valuable time on this..


    srry ban Im also in office....:oo::oo: Uk cases are the base of sri lankan Ctt law...

    try this...http://www.e-lawresources.co.uk/Offer-and-acceptance.php
     

    Y2K

    Member
    Jun 11, 2007
    11,007
    165
    0
    In your heart
    Sri Lankan law eka gana hodata danna kenek me question 2ta answers 2k dennako.. (11.15 a.m weddi wath ona)Loku udawwak..

    Thanks in advance.


    Question 1
    Last Chance Houses is a construction company which is building houses on the lands of the customers at a price. They once agreed with Mr. Yasapala to build two houses on the lands (one in Bandaragama and the other in Mawanella) owned by him to be given away as dowry to his two daughters.The construction work started on 5th January 2014 and continued till 30th April 2014
    By May 2014 Last Chance Houses alleged that no further construction work can be taken up in both sites as there is a great difficulty to find labourers in the country in general. A sub-contract agreement is to be signed with a labour-supplier and the related costs and additional rates are to be borne by Mr. Yasapala. Mr. Yasapala disagrees to pay same. Examine the liabilities of the parties.


    A contract may be defined as an agreement which legally binds the parties. The essentials of a contract as follows,

    1. Agreement
    2. Consideration
    3. Intention

    So as per the above there is a valid contract between the contractor and Yasapala. Contractor promised to build a house for Mr. Yasapala, and Mr. Yasapala to pay the price for it. Since labour shortage in the country is beyond his control and unforeseeable Contractor can claim the additional cost of getting required workers to do the work. If Mr. Yasapala refuse to pay the additional amount Contractor can terminate the contract under frustration.

    Mchan this is the short & sweet answer :yes:
     
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    Y2K

    Member
    Jun 11, 2007
    11,007
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    0
    In your heart
    Question 2
    Consequent to a tender invitation calling for buyers to send tender applications indicating their bids for the waste materials of the Government Timber Corporation. GTC wishes to sell all the waste which is left behind periodically, i.e., monthly or every two weeks
    Dumindu Enterprises, where you are employed is engaged in reproducing articles from timber dust and other waste materials and they want you to make a bid. He wants to know whether they are bound to buy all waste of GTC once they make a bid or whether they can withdraw at any time afterwards. Advise the Owner of Dumindu Enterprises as to what the law on Tenders of this nature is.


    In the law of contract bid for a tender is regarded as invitation to treat. It is clear states that GTC whishes to sell all the waste which is left behind periodically. Dumindu Enpterprises can bid for the above work clearly states their requirement / condition, but then it will become a counter offer. so GTC has all the rights either to accept your counter offer or reject the offer.

    Normally Clients ask for a Tender Bond which is for use where a buyer or developer is obtaining tenders for a contract and requires a bond as security against the risk of the successful bidder failing to enter into the contract.

    A single page document gives the beneficiary the right to call the bond on demand within a specified period and for a maximum specified amount.
     
    Last edited:

    AGSUPUN

    Well-known member
  • Dec 29, 2008
    2,835
    433
    83
    Malabe
    Sri Lankan law eka gana hodata danna kenek me question 2ta answers 2k dennako.. (11.15 a.m weddi wath ona)Loku udawwak..

    Thanks in advance.


    Question 1
    Last Chance Houses is a construction company which is building houses on the lands of the customers at a price. They once agreed with Mr. Yasapala to build two houses on the lands (one in Bandaragama and the other in Mawanella) owned by him to be given away as dowry to his two daughters.The construction work started on 5th January 2014 and continued till 30th April 2014
    By May 2014 Last Chance Houses alleged that no further construction work can be taken up in both sites as there is a great difficulty to find labourers in the country in general. A sub-contract agreement is to be signed with a labour-supplier and the related costs and additional rates are to be borne by Mr. Yasapala. Mr. Yasapala disagrees to pay same. Examine the liabilities of the parties.


    A contract may be defined as an agreement which legally binds the parties. The essentials of a contract as follows,

    1. Agreement
    2. Consideration
    3. Intention

    So as per the above there is a valid contract between the contractor and Yasapala. Contractor promised to build a house for Mr. Yasapala, and Mr. Yasapala to pay the price for it. Since labour shortage in the country is beyond his control and unforeseeable Contractor can claim the additional cost of getting required workers to do the work. If Mr. Yasapala refuse to pay the additional amount Contractor can terminate the contract under frustration.

    Mchan this is the short & sweet answer :yes:

    Question 2
    Consequent to a tender invitation calling for buyers to send tender applications indicating their bids for the waste materials of the Government Timber Corporation. GTC wishes to sell all the waste which is left behind periodically, i.e., monthly or every two weeks
    Dumindu Enterprises, where you are employed is engaged in reproducing articles from timber dust and other waste materials and they want you to make a bid. He wants to know whether they are bound to buy all waste of GTC once they make a bid or whether they can withdraw at any time afterwards. Advise the Owner of Dumindu Enterprises as to what the law on Tenders of this nature is.


    In the law of contract bid for a tender is regarded as invitation to treat. It is clear states that GTC whishes to sell all the waste which is left behind periodically. Dumindu Enpterprises can bid for the above work clearly states their requirement / condition, but then it will become a counter offer. so GTC has all the rights either to accept your counter offer or reject the Dumindu Enterprises offer.

    Normally Clients ask for a Tender Bond which is for use where a buyer or developer is obtaining tenders for a contract and requires a bond as security against the risk of the successful bidder failing to enter into the contract.

    A single page document gives the beneficiary the right to call the bond on demand within a specified period and for a maximum specified amount.

    This is great bro.. Thanks a lot.. really helpful..:yes:
     

    AGSUPUN

    Well-known member
  • Dec 29, 2008
    2,835
    433
    83
    Malabe
    I thank you all for helping me.. thanks for all of you who bumped and who helped me with the answers.. You are the people who make elakiri a better place.. :) :) :yes: :yes: