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This thesis examines the seller's obligations of both delivery and conformity under a contract of sale. In this context, the related rules under both English law (represented by the Sale of Goods Act 1979) and the Vienna Convention on Contracts for the International Sale of Goods 1980 have been explored and compared with each other. It was initially necessary to indicate the importance of the Vienna Convention as a model for unifying the law of international trade. As well as indicating potential reasons as to why the UK is unconvinced that it should become a member of the Convention, as well as briefly examining the previous efforts that led to the conclusion of the Convention. While delivery is not defined under the Convention, the SGA considers it a voluntary transfer of possession. Moreover, delivery under English law takes place independently from the transferral of ownership. The matter of transferring the ownership in the goods is not however, dealt with under the Convention, and should be solved by reference to private international law. According to English law the delivery goods must meet the description in sale by description, correspond with the sample in sale by sample, and in all cases be of a satisfactory quality. The goods must meet a particular purpose where some conditions are met, as well as having to be in the right quantity. Art 35 of the Vienna Convention is considered a counterpart of the said rules. Should the seller however, attempt to exclude his liability regarding the said implied terms, such an attempt is subject to the UCTA 1977 and the Unfair Terms in Consumer Contracts Regulations, 1999. In another respect, delivery of the goods may take place actually or constructively, such as delivery by documents, or delivery through a carrier. Furthermore, there are particular rules that control the process of delivery, such as time, place and expenses connected with delivery. Obviously, the intention of the parties plays the essential role in determining these matters. One of the most important issues is the legal effect of the seller's breach of his obligation of conformity or delivery. Here, the buyer is entitled to a wide range of remedies, such as rejection of the goods and avoiding the contract of sale, specific performance, reduction of the price, or damages. The approaches here of both English law and the Convention are distinct in relation to some particular remedies, such as specific performance and reduction of the price.

The author of this thesis undertakes to compare the role of silence in the Civil and Common law of contracts. This thesis demonstrates that these two legal systems, which had at first ignored silence, have reined it in to an increasingly greater degree by objectifying it. This paper's purpose is thus not only to comparatively assess the role of silence through the various phases of the contract, where this process of objectivization occurs, but also to examine the reasons behind this process. Lastly, it will examine the direction the process takes. / The scope of silence being indefinite, it would be unreasonable to imagine its complete objectivization. Nevertheless, the parallel processes in both the Common and the Civil law will have to evolve further in order to allow silence to take on a greater role in Contracts. The succes of such an evolution, in either system, will no doubt result from a comparative approach of this phenomenon.

Thesis (MProjMgmt)--University of South Australia, 1998

Since 1809 the common law has clearly provided that a promise by a party to perform an act that he or she is already legally bound to perform is not good consideration. Accordingly a promise received in exchange is not enforceable. This is so whether the promise would have the effect of creating a new contract or modifying the terms of an existing contract. The rule has from time to time been the subject of judicial criticism but nevertheless operated with full vigor until 1991. Hitherto, (except in unilateral contract situations) consideration subsisted in the promises made by the parties at the instant of exchange rendering the promises thenceforth mutually enforceable. The contract or the modified contract effectively existed from that time, unconcerned with what the parties hoped to gain from the exchange or what each in fact gained. The English Court of Appeal decision in Williams v. Roffey Bros & Nicholls Ltd has the potential to change the law as settled. This dissertation is concerned with the consequences of the decision in the context of promises intended to modify the terms of existing contracts. In Williams v. Roffey the successful promisee gave the promisor no more than an understanding that he would continue to attempt to perform his undertaking under a prior contract. The Court held that the 'practical benefit' that accrued to the promisor from the repetition of the previous promise was sufficient consideration to make the promise of increased payment enforceable. The second promise was made outside the bargaining process and the potential for 'practical benefit' was neither solicited nor offered. The fact that there would be a 'practical benefit' was a deduction made by the Court as a result of questioning counsel for the defendant during the argument of the appeal. The dissertation examines the history of the doctrine of consideration, its incidents, which are said to enable consideration to moderate bargains, and how each is potentially rendered redundant by the decision. As a result of the decision, the role of the court has changed with greater emphasis on the substance of the transaction instead of external characteristics. The superior record keeping methods available to commerce in the 20th century facilitates this change. The following matters seem implicit in the decision. First, the bargaining process has lost its significance in contract modification situations. Second, the courts in determining what is practical and what is not, will find it difficult to avoid investigating the adequacy of consideration. This is an investigation that the courts have steadfastly refused to undertake in the past. The series of Australian authorities commencing with Je Maintendrai v. Quaglia and culminating in The Commonwealth of Australia v. Verwayen are examined. Whilst it is correct to say that those decisions, especially Waltons Stores v. Maher, introduce reliance based liability into the Australian law, the conclusion is reached that extensions to the law of estoppel do not solve the problems arising out of promises that modify existing contracts. This is because detriment to the promisee is necessary to trigger the operation of the law of estoppel and the remedy, being equitable, is discretionary. In contract modification situations the detriment suffered by the promisee is often ethereal and a discretionary remedy (as opposed to enforcing the promise) deprives the transaction of the certainty that is desirable in commercial transactions. The work concludes that, in regard to contract modifications, the doctrine of consideration ceases to perform a useful role and the equitable remedies do not meet the needs of commerce. Accordingly, the suggestion is made that all promises having the effect of modifying an existing contract should be enforceable provided that there is satisfactory evidence that the promise was made and the absence of duress.

Contractor prequalification systems have been the cause for much debate within government, industry and research circles. Their development has essentially been driven by client based organisations wishing to reduce risk when procuring construction contractors. As such, the topic in the past has been primarily viewed in terms of the appropriate selection of contractors for construction projects. Hence, the focus would appear to have been more on the functional aspects of prequalification systems. The research within this thesis sets out to investigate contractor prequalification systems in the wider context of the construction industry.

Thesis (Ph. D.)--University of Washington, 1989. / Vita. Includes bibliographical references.

Thèse.-- Geneva. / Includes bibliographical references (p. [287]-296).

Thesis (LL. M.)--Judge Advocate General's School, 1955. / "May 1955." Typescript. Includes bibliographical references. Also issued in microfiche.

Thesis (LL. M.)--Judge Advocate General's School, 1963. / "April 1963." Typescript. Includes bibliographical references. Also issued in microfiche.