Scottish Law Online > Discussion Forum Community Home | Search | Contact
 
 
Welcome, Guest. Please Login or Register
 
The forum has recently been upgraded to the 2010 release of YaBB 2!
Home Help Search Login Register



Page Index Toggle Pages: 1
Send Topic Print
Please help (Read 3942 times)
Albana Shala
Guest


Please help
Aug 17th, 2004 at 7:06am
 
I came along this case, it is simple but i do not seem to find any legal aspects to consider apart from the term contract.

property Select Ltd has a contract with Fast Build Ltd for 1 million to construct 25 new homes in the otskirt og Glasgow.  The houses were to be completed on 25th March 2004 but it is now 26th May and Fast Build says that the houses will not be completed until the end of July.  A clause in the contract states that late completion will result in a penalty of 100,000 per month for every month late.

What Advise would you give to Fast Build Ltd
Back to top
 
 
IP Logged
 
johnmcg
Full Member
***
Offline



Posts: 100
Re: Please help
Reply #1 - Aug 27th, 2004 at 2:09am
 
Stop attempting to get other people to answer basic contract law academic questions, set in educational institutions.
Back to top
 
 
IP Logged
 
John LamontTtoal
Guest


Re: Please help
Reply #2 - Aug 27th, 2004 at 2:52am
 
Totally agree with the comments of johnmcg - do the research yourself it's the only real way to learn.
Back to top
 
 
IP Logged
 
scottishlaw
Senior Member
****
Offline



Posts: 211
London
Gender: male
Re: Please help
Reply #3 - Aug 29th, 2004 at 11:39pm
 
I disagree - I don't see any problem with people posting academic or even their own hypothetical questions here - mainly because I don't see any difference between this forum and people having a chat about these issues on the phone/in person.

Anyway, I think the legal issue in this question may be more the issue of the level of damages that has been set. 

Damages clauses in contracts must reflect a genuine pre-estimate of the loss that will be incurred as a result of the breach - if not, and they go further than this - they may be deemed to be too penal by the court and as such, unenforceable.

It would be worth having a look for cases/articles/books on the subject of liquidated damages - or LDs.

Any thoughts anyone else?
Back to top
 
WWW  
IP Logged
 
Page Index Toggle Pages: 1
Send Topic Print
(Moderator: YaBB Administrator)



Scottish Law Online Scottish Law Online Quick links:
Scotland: Law Society - Scottish Courts - Scotland Legislation - Scottish Parliament
England: Law Society - Courtservice - DCA - Home Office - Law Commission
UK: BAILII - OPSI - Parliament - House of Lords - Direct Gov - Legal 500 - Chambers
Europe: Europa - ECJ - ECHR - Eur-Lex - Commission - Parliament - OEIL
World: WorldLII - AustLII - CornellLII - Findlaw - UN - ICJ - WTO - Lex Mercatoria
Best of the Web: Amazon - Google - Y!Music - IMDB - BBC News - Radio1 - TV - RoF
Shop Online with Amazon
Discussion Forum Kevin F Crombie 2009