Search Results - "Contract Clause"

Basis of contract clause: Balance between law and ethics by Mahdzir, Nazli

“…Section 151 of Insurance Act 1996 is enacted among other to resolve the issue of information obtained by agent while filling in proposal from on behalf of the insured.This issue is of great consequence since failure of the proposer to disclose material fact in the proposal form would enable the insurer to avoid the policy all together.However, the current trend or practices of insurer in inserting the basis of contract clause at the end of proposal forms has made the application of Section 151 with regard to insured duty of disclosure obsolete.This clause converts all the answers in the proposal form into warranties.All questions poses in the proposal form automatically become material facts even though some may in actual fact be immaterial.The effect of such clause is twofold.On one hand it helps to eliminate the necessity of considering whether such information is material or not, and whether there is disclosure of that material facts.On the other hand, the clause also seems to remove the responsibility of the insurer or agent to make sure that all material information had been obtained and recorded properly.By virtue of this clause, even if the proposer (insured) provides correct information but the insurer or agent mistakenly, negligently or purposely writes something else in the proposal form, the insurer is entitled to avoid the policy on the ground of non disclosure of material facts.This article explores the co-relations between law, ethics and practice in the insurance industry since the doctrine of ubberimae fidei set a contract of insurance apart from other types of commercial contracts.Thus, although it is a profit motivated industry, the insurer should not have a carte-blanche authority to include unfair terms which may result in the insured being denied compensation.…”
Get full text

A critical appraisal of oil and gas dispute prone clauses: a case for Uganda's production sharing agreements /Samuel Munobe by Samuel , Munobe

“…This project sought to appraise the need for contractual lawyers and negotiators in the oil and gas field to be armed with adequate contract negotiation and drafting skills whose ultimate purpose was to enhance contract clause clarity and sanctity as dispute mitigation toolkits. …”
Get full text
Get full text

Late payment issues of subcontractors in Malaysian construction industry by Che Haron, Roziha, Arazmi, Ahmad Lutfil

“…This is proposed by introducing the standard form of contract clause regarding payment between the main contractor and domestic subcontractor which include levying charges on overdue payments.…”
Get full text
Get full text
Get full text

Digital model data distribution in civil engineering contracts by Whyte, Andrew, Donaldson, J.

“…Fragmented opinion regarding modelling utilisation exists across supply-chains, with concerns over liability, quality-management and, the lack of Australian-Standard contract-clause(s) dealing directly with digital-model document hierarchy/clarification/reuse. …”
Get full text

The Impact caused by the natural disaster in Malaysia: Food and Landslide by Yong, Yoong Kee

“…If the flood and landslide event incessancy attack to ours country, for sure there will cause some issue like finance los, life been threated, image of the country also affected, people lose confidence toward the government, GDP of our country also fall down In this thesis also showing the comparison of the contract clause in PAM, PWD and others standard form. …”
Get full text
Get full text

The Impact caused by the natural disaster in Malaysia : Flood and Landslide by Yong, Yoong Kee

“…If the flood and landslide event incessancy attack to ours country, for sure there will cause some issue like finance los, life been threated, image of the country also affected, people lose confidence toward the government, GDP of our country also fall down In this thesis also showing the comparison of the contract clause in PAM, PWD and others standard form. …”
Get full text
Get full text

A Bargain $60 Million Company for $240: A Case Examining the Impact of Convertible Debt, Warrants, and Anti-Dilution Provisions by Churyk, N., De Lange, Paul, Mason, S., Gross, G., Stoettner, R.

“…Students learn about due diligence relative to understanding the risks involved in certain contract clauses.…”
Get full text

Occupation safety and health in local and international standard forms of construction contract by Goh, P.H

“…The aim of this research is to study the construction contract clauses in relation to the current OSH practice in the local and international Standard Forms of Construction Contracts, namely the PWD Form 203A (Rev.2007), PAM Contract 2006 (With Quantities), CIDB 2000 and AS (2124 – 1992). …”
Get full text
Get full text
Get full text

The Causes of Disputes of Final Accounts: Malaysian Case Law Analysis by Kong, Sio Kah, Yeow, Win Shyang

“…Such disputes can be due to the contractor, consultant, employer or uncertain contract clauses. The purpose of this study is to identify the most significant causes of disputes for final accounts from Malaysian law cases. …”
Get full text
Get full text

Modelling capability-based risk assessment for international construction project ventures / Loo Siaw Chuing by Loo, Siaw Chuing

“…Future study could incorporate other influencing variables such as various contract clauses to refine CapRA.…”
Get full text
Get full text