benefit of another Provision of education information advice or consultation

Benefit of another provision of education information

This preview shows page 61 - 63 out of 67 pages.

benefit of another Provision of education, information, advice or consultation, except advice that is subject to regulation by the Short-term Insurance Act, Long-term Insurance Act and the Financial Advisory and Intermediary Services Act Transportation of persons or goods Provision of accommodation or sustenance, any entertainment or similar intangible product or access thereto, access to any electronic communication infrastructure, access or of a right to access to an event or to any premises, activity or facility A right of occupancy of, or power or privilege over or in connection with any land or other immovable property other than in terms of a rental Rights of a franchisee ito a franchise agreement, irrespective of whether the person promoting, offering or providing the services participates in, supervises or engages directly or indirectly in the service Standing time clauses: Standard practice to include a clause in the contract ito which the contractor may claim standing time costs incurred by him because the client has not complied with his contractual duties Where client for example does not prepare the site and in so doing prevents the contractor from continuing with the work, the contractor can immediately claim all wasted costs or other contractually agreed amounts from the client Substitution of contractor: An effective agreed remedy that is aimed at specific performance of the contract and not at cancellation, is the right to appoint a substitute contractor Where the employer or client is not satisfied with the progress or quality of work or service performed by the contractor, this remedy allows him to issue a work stoppage order, force the contractor to evacuate and leave the work premises, and to appoint a substitute contractor to complete the work Under normal circumstances this would result in breach of contractor by employer in the form of repudiation, but this contractual right prevents the employer from incurring this type of liability This clause is combined with a penalty clause that determines that the defaulting contractor becomes liable to pay for the compensation of the substitute contractor, as well as additional costs and expenses that the employer/client incurred due to the exercise of this remedy Alteration clauses and clauses providing for early completion: Types of clauses: 61
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Bianca & Jamie o Acceleration clauses Deals with the situation where breach of contract occurs, and all future performances become due immediately Type of penalty for breach of contract o Clauses which apply when the contractor completes the work ahead of schedule Deals with the situation where parties agree that the contractor will be entitled to a bonus or an additional payment where he completes the work ahead of schedule The parties can also agree that the client may request the contractor to speed up delivery of the work in exchange for an increase in payment Warranties or guarantees:
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  • Fall '17
  • S van wyk
  • Contract Law, Lessor, Leasehold estate, Rental agreement

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