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The RI Site Manager failed to attend the meeting on the Friday of the second week of work and Klamer & Co now intend to terminate the contract claiming that RI are in breach of the 'condition' as stated in the contract.
Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006
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From the facts, we can establish that Klamer & Co have incorporated a term in the contract which required the RI Site Manager to attend a meeting every Friday in order to discuss working arrangements for the following week to ensure minimal disruption to Klamer & Co's business. The RI Site Manager failed to attend the meeting on the Friday of the second week of work and Klamer & Co now intend to terminate the contract claiming that RI are in breach of the 'condition' as stated in the contract. Clearly, the question calls for the discussion of terms. It is the terms of the contract that determine each parties' rights and obligations and are not always regarded of equal value. Thus, it is essential to determine whether a term is a condition (subsequent or precedent) or a warranty in order to be able to provide adequate remedies if they should...
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