Beruflich Dokumente
Kultur Dokumente
(NMP)
1
Types
Open Tenders
Select /Invited/ Limited Tenders
Issue of Tender
bids etc .
Tender Request Documents
Description of the goods and services to be procured
Conditions of tender
Evaluation criteria
Submission content and format
Process rules and information
Conditions of Contract
Discussion Point
Was the award of project to Developers,
legal?
Take Away
set rules regarding time limits on the approval of the project and
respective bidding;
the rules should be followed after a project has been approved by
the respective authorities;
all persons interested in such developmental activities should be
given equal and sufficient opportunity to participate in such
venture and there should be healthy inter-se competition amongst
such developers.
Discussion Point
Whether the forfeiture of security deposit is
contrary to rights provided by Indian Contract
Act?
Dr. Parul Gupta
Earnest Money Deposits (EMD)
13
Discussion Point
Could the EMD be considered as part
payment?
Take Away
Dr. Parul Gupta
Earnest Money Deposits (EMD)
15
Case: Shree Hanuman Cotton Mills & Ors v. Tata Air-Craft Ltd.
For a deposit by a purchaser to be treated as earnest money the 'following
conditions must be satisfied.
Unenforceability of SFC
1. Reasonable Notice
Hender v. Steve
2. Notice should be contemporaneous with the
contract
Olley v. M C Ltd.
3. Fundamental breach of contract
Alex v. Railway Executive
4. Unreasonable terms
M Siddalingappa v. T Nataraj
QUIZ ONE
SESSION 1 TO 3
SESSION 5
Void Agreements
Wagering Agreements
Contingent Contracts