By M.O C.Horgan OBE, TD, DL, MSc, C.Eng, FIEE and F.R.Roulston DLC, C.Eng, MIEE
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Extra resources for The Foundations of Engineering Contracts
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The courts then say, ‘Sorry, old man, but you already have yourself a contract. Break it at your peril’ The situation is not nearly so happy if the offerer withdraws his offer, and his revocation crosses the acceptance in the post. The situation has never been completely settled in English Law, but is probably a matter of intention. If the offer is such that it must be answered ‘Yes’ or ‘No’ within a day or two, a reply by post might be regarded as too dilatory, and the revocation is allowed to stand.
So, in some circumstances, a modified version of the definition has to be used, but this is not usually the case in straightforward project work by a project manager: the Employer’s legal advisers are much more likely to be brought in, should a modified definition be under consideration. Ownership, for most engineering purposes, is synonymous with ‘property in’ but it is not widely used as a legal term, and it is usually given a specific definition whenever it is employed. e. ’ Legally it is always better to use some recognized term, or if ‘ownership’ has to be used, it should be defined to say what it means in that special case.
Nevertheless, a collateral contract is a complete contract in itself, and it must have all the usual requirements to be valid; for example, a separate consideration must pass both ways between the parties subscribing to it, and this cannot be part of a consideration offered and accepted in connection with another contract. g. dealing with an agent whose agency has been 20 ENGINEERING CONTRACTS unexpectedly terminated by the death of his principal); they will usually require professional legal attention and are not considered further here.