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Law Final Exam Notes
Law Final Exam Notes
Mediation Conciliation
1. The entire dispute resolution process is led by 1. do not need 3rd party to be as an intermidator. May
mediator. involve 3rd party but the degree of involvement is very
minimal.
2. To enter the mediation, both parties must volunteer
to enter to it. 2. Can engage for conciliation as part of their effort to
solve the problem.
3. Mediator will not make decision and only help facilitate Negotiation
because they have to follow Mediation Act 2012 (MA).
1. Informal and involves a series of offers and
Benefits: a) cheaper than litigation and other methods. counteroffer between parties until they reacted to
b) Parties make own decission. agreeement to resolve dispute.
c) It is voluntary
Adjudication 2. The parties have the power to settle.
Expert Determination
1. A process for the construction disputes resoultion
introduced by the (Construction Industry Payment and 1. It is the alternative dispute resolution
Adjudication Act 2012 (CIPAA))
2. Require an expert to decide the case.
2. Speedy dispute resoultion through adjudication to
ensure payments prompty made. 3. it is a process in which we will submit the case to the
expert third party.
Benefits: a) Adjudicator is completely independent to
both parties. Benefits: a) The decision is impossible to be appealed
b) Acts as "pay now, argue later" mechanism. once the decision of an expert will be final.
b) Cheaper, faster process compared as arbitration.
Arbitration Litigation
Benefits: a) Arbitrators hold stronger power than Benefits: a) judge will manage proceedings
adjudicators. throughtout the process.
b) more flexibility to court proceedings.
b) The decision made is binding.
Difference between express term and implied term (lecture 4)
Tendering (lecture 2)
3. Negotiated Tendering
: Clients do a direct negotiation (tender price) with the
contractor who meetthe requirements.
2. Interview
3. Negotiation
1. Not written in contract but still need to be carried out. 1. Instruction to Tenderer
2. Form of Tender
2. Must fit for it's intended purpose. 3. Form of Contract
4. Letter of Acceptance
3. By custom fact or law. 5. Preambles
6. Specification
4. Carry the same weight as express term ( 一样重要) 7. Bill of Quantities
8. Schedule of Rates
5. Must not be in conflict with express term. 9. Drawings
10. Appendix
Dual Liability (Lecture 5)
1. Definition
Two parties who are contracting with each other, they are
liable (要负责任) for the breach of contract. Beyond that,
the parties to the contract can sue each other based on tort
as well, mainly due to the negligance because the other
party has breach the duty
2. Mutual assent
3. Consideration
4. Legal Purpose
5. Capable Parties
1. In area of liability