Question 1

State or identify FOUR (4) elements necessary for the formation of a simple contract.

Question 2

State the element that is required for a contract by deed but which is not required for a simple contract.

Question 3

State the element that is required for a simple contract but which is not required for a contract by deed.

Question 4 (a) State and identify the FOUR (4) elements to establish an action in negligence.

(b) State and identify the TWO (2) stages to determine if a duty of care exist.

Question 5 State FOUR (4) situations where a contract would be treated as being made in writing under the Building and Construction Industry Security of Payment Act (“SOPA”).

Question 6 (a) Is the party claiming liquidated damages for the delay to the contract completion date required to prove that its loss suffered for the delay is equivalent to the amount it is claiming for liquidated damages?

(b) State the formula for calculating liquidated damages.

Question 7 In a building project where the building contract between the Developer and the Main Contractor is governed by the SIA Building Contract 2016

(a) State whether the Developer may terminate the employment of the Main Contractor at will.

(b) Identify the relevant sub-clause to support your answer.