Tuesday, April 30, 2019

CIPS Legal Aspects - Assignment Two Essay Example | Topics and Well Written Essays - 3000 words

CIPS Legal Aspects - concession Two - Essay ExampleThe letter of mark sent out by QSC may not initially be binding upon the parties in their entirety. However, it could be interpreted as binding on the parties if it most resembles a get. The letter of intent in this end has clearly specified that the binding terms of the contract would be QSCs and the formal contract prepared by the procurement team is also in accordance with QSCs terms. Letters of intent have traditionally been held to be non binding. For example, in the case of Turiff building Ltd v Regalia Knitting Mills Ltd2 it was held that a letter of intent will have deuce characteristics (a) it will express the intent to enter into a contract in the future and (b) it will itself micturate no liability in reference to the future contract. This would at the outset, suggest that QSCs letter of intent specifying that its own contractual terms will prevail, may not have binding force. But in the Turniff Construction case, t he Court nevertheless upheld the contractual obligations associated with the letter of intent, on the basis of the facts in the case.In the case of British Steel Corporation v Cleveland Bridge and Engineering Co Ltd3, while it was held that while no contract was created based on the letter of intent itself, liability was nevertheless imposed. The Court in this pillow slip pointed out that both the parties had expected a formal contract to eventuate, therefore work commenced after the disoblige of the letter of intent - if followed by a contract - will be treated as having been performed beneath that contract.4 This was also affirmed by Neill LJ in Monk Construction Ltd v Norwich Union manner Assurance Society5, in making a general statement that a contract may bonk into existence following a letter of intent, depending upon the individual circumstances of the case. According to HH Judge Thornton in A.C. Controls v British Broadcasting Corporation, in construing and giving effec t to a letter of intent,

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