合同英1(类别).ppt

Part 1 The types of contract available ESSENTIAL OF A CONTRACT（1） Contract a formal written voluntary agreement, having the force of law, made between two or more people or groups. 合同是平等主体的自然人、法人、其他组织之间设立、变更、终止民事权利义务关系的协议。——中华人民共和国合同法 法人: 法人是具有民事权利能力和民事行为能力依法独立享有民事权利和承担民事义务的组织. 1) 依法成立 2) 有必要的财产和经费 3) 名称、组织机构、场所 4）能独立承担民事责任 ESSENTIAL OF A CONTRACT（2） Offer —— a proposal to exchange promises Acceptance —— Acceptance of the offer, by performance of the very act or commitment Consideration —— which is the price bargained for and paid. ESSENTIAL OF A CONTRACT（3） The essential elements of a contract 1.???? A valid offer 2. An acceptance of the offer 3.???? Valid consideration 4.??Legal capacity of the respective parties 5.???? Legal subject matter 6.???? A writing, if required by law The types of contract available include: (1) Bill of quantities or measurement contract (2) Schedule of rates contract (3) Lump sum contract (4) Cost reimbursement contract (5) Design construct contract (6) Management contract (1) Bill of quantities or measurement contract The basis of this type of contract - the contractor is paid for the work done; - the work done has to be measured. The background of the contract - provides contractors with a common document on which to base their tender, thus attempting to ensure that all tenders are received on an equitable and comparable basis. (1) Bill of quantities or measurement contract The Bill of Quantities Prepared from drawings and itemized according to one of the standard methods of measurement. Each item contains a brief description of the work and a stated quantity of work. The tenderer is required to enter a unit rate and the total amount for each item allowing in these sums for all labour, plant, materials, subcontractors, temporary works and materials, overheads and profits. An example: a page from a Bill of Quantities document is given