Law of Contract in Facilities Management

Course details

COURSE OBJECTIVES

The course will provide knowledge and understanding of the Principles of Contract Law in a Real Estate and Facilities Management work setting. An overview of the Singapore Legal System as a backdrop will be provided to enhance knowledge in the applicability of the learning and in advance of extension of the learning.

COURSE PROGRAMME

LAW & CONTRACT LAW: BACKDROP 

• Purpose of Law: Statute Law, Common Law, Equity
  
• Branches of Law: Criminal Law, Civil Law
  
• Contract & Tort Law: The Difference 
  
• Sources of Contract Law & Tort Law in Singapore
  
• Civil Jurisdiction of the Courts in Singapore
  

FORMATION OF A CONTRACT

Five Requirements

• - Offer
  
• - Acceptance
  
• - Consideration
  
• - Intention to Create Legal Relations
  
• - Capacity to Contract
  

TERMS/CONTENTS OF A CONTRACT

• Terms & Non-Terms/Representation
  
• Express Terms: Written & Oral and Situations of Conflict  
  
• Implied Terms: Statute, Courts & Custom
  
• Contractual Terms: Conditions, Warranties or Innominate
  
• Exclusion Terms: Incorporation, Construction & Statutory Exclusion
  

FACTORS RENDERING A CONTRACT TO BE INEFFECTIVE/VITIATING FACTORS

• Mistake
  
• Misrepresentation
  
• Duress & Undue Influence
  
• Illegality
  

DISCHARGE OF A CONTRACT

• By Agreement: How
  
• By Performance: Entire, Partial, Substantial, Divisible Contracts, Prevention of
  
• By Breach: Circumstances of Breach & Anticipatory Breach
  
• By Frustration: Conditions of Frustration
  

BREACH OF A CONTRACT & REMEDIES

Damages as a Remedy

1. Principles in Awarding Damages

• - Expectation Loss
  
• - Reliance Loss
  
• - Nominal Damages
  

2. Limitations to Recovery of Damages

• - Remotness of Damage
  
• - Liquidated & Unliquidated Damages and Action for an Agreed Sum
  
• - Limitation Period
  

Equitable Remedies: Specific Performance & Injunction

WHO SHOULD ATTEND 

The course will benefit those who have a vested interest in buildings including:

• Developers
  
• Building Owners
  
• Government Officials
  
• Architects
  
• Engineers
  
• Project Managers
  
• Quantity Surveyors
  
• Contractors/Sub-Contractors/Suppliers
  
• Property Managers
  
• Facilities Managers
  
• Maintenance Managers
  
• Management Corporations
  
• Town Councils
  
• and Others