Charter or contract?
Brewer, G
Charter or contract? - 2000 - Contract Journal 406(6303) 15 November 2000, 28(1) .
Considers the formation of contract in relation to the case of "Birse Construction Ltd v St David Ltd". The judge decided that a contract had been formed between the two parties because they had signed a partnering charter before works started. Birse applied to the CA for permission to appeal against the decision. In examining whether the parties had reached a concluded contract, reference was made to the judgment in "Pagnan v Feed Products Ltd". Taking into account the key principles in "Pagnan", it was concluded that no contract had been formed, and Birse was entitled to remuneration on a quantum meruit.
CONTRACT AGREEMENTS
CONSTRUCTION DISPUTES
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
BUILT ENVIRONMENT-BUILDING COSTS
PAGNAN V FEED PRODUCTS
BIRSE CONSTRUCTION LTD V ST DAVID LTD
FORMATION OF CONTRACT
Charter or contract? - 2000 - Contract Journal 406(6303) 15 November 2000, 28(1) .
Considers the formation of contract in relation to the case of "Birse Construction Ltd v St David Ltd". The judge decided that a contract had been formed between the two parties because they had signed a partnering charter before works started. Birse applied to the CA for permission to appeal against the decision. In examining whether the parties had reached a concluded contract, reference was made to the judgment in "Pagnan v Feed Products Ltd". Taking into account the key principles in "Pagnan", it was concluded that no contract had been formed, and Birse was entitled to remuneration on a quantum meruit.
CONTRACT AGREEMENTS
CONSTRUCTION DISPUTES
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
BUILT ENVIRONMENT-BUILDING COSTS
PAGNAN V FEED PRODUCTS
BIRSE CONSTRUCTION LTD V ST DAVID LTD
FORMATION OF CONTRACT