Note of Chapter 6: Liability and contract from exam perspective. (Cursory notes)
Chapter 6: Liability and contract
a) Tort: Personal Injury Claim
b) Tort: Clinical Negligence
c) Forming a contract 1
d) Forming a contract 2
e) Structure of commercial contract
In the UK, the general pattern include:
- Heading
- Commencement date
- Parties
- Recital
- Operative provisions
- Definition
- Interpretation
- Conditions required
- Consideration
- Other operative clause
- Schedules
In Nepal:
- Full details of the parties are set out including the name, address, citizenship number, age.
- Setting the terms and condition withy consent of both parties
- About matter for which the contract is being done
- About the major pre-conditions and conditions of both parties
- About the limitation
- About the relevancy of law for consideration
- About the ways for remedy if anyone breach the contract
- About date of commencement
- The contract is done as per the existing provision of civil code
- Thumb impression of both the parties is mandatory
- The full details of the witness are written.
- Number of witness as per prescribed by law
- The final date of formation of the contract is written at last.
f) Expressed and implied terms
g) Exclusion imitation and standard clause
h) Privity of contract, discharge of contract and remedies of breach of contract
I) Commercial leases
additional contents (coming soon….
