ASSIGNMENT

ON

“LEGAL ASPECTS OF LAW”

SUBMITTED TO:
SUBMITTED BY:

Prof. B.K.UPADHAY GAGAN

SINGH
Timber Manufacturer Client Agreement
*SAMPLE*
This indemnification agreement is entered into by and between MR.JOHN S
MATHEWS (the "Client") and GAGS TIMBER MANUFACTURER’S LTD (the
"Manufacturer"). It is agreed by the parties as follows:
ARTICLE 1. JOB DESCRIPTION
The Manufacturer shall supply all of the labor required and raw material to
provide the finished goods to perform the following work for the Client as an
Manufacturer:
The timber demanded by MR.JOHN S MATHEW is of high quality and
GAGS TIMBER MANUFACTURER’S LTD have to supply the whole
consignment by the latest of 31/12/2009 for a charge of $4200.

The attached plans and specifications are to be followed and are

hereby made a part of this Agreement.
ARTICLE 2. TIME FACTOR
The Manufacturer agrees to the following completion dates for portions of the
work and final completion of the work:
WORK DETAILS DELIVERY DATE

Arranging raw material for supply manufacturing 31/12/2009

It and delivering the goods as per the demand of
Mr MATHEWS
ARTICLE 3. WORKING STANDARDS
The Manufacturer shall perform the work in a workman-like manner, best
possiable manner, with the help of best possiable machinery ,high standard of
raw material and best utilisation of resources.
ARTICLE 4. COMPENSATION
The Client shall pay the Manufacturer the sum of $4200 in full payment for the
work as set forth in this Agreement, to be paid as follows:
Half as the deposit money and rest on the final delivery of the goods.
ARTICLE 5. GENERAL PROVISIONS
1. Any additional work or services shall be agreed to in writing, signed by
both parties.
2. The manufacturer shall obtain and maintain any licenses or permits
necessary for the work to be performed. The Manufacturer shall obtain and
maintain any required insurance including but not limited to workers'
compensation insurance, to cover the manufacturer’s employees and
agents.
3. The Manufacturer shall be responsible for the payment of any sub-
manufacturers and shall obtain lien releases from sub-manufacturers as
may be necessary. The Manufacturer agrees to indemnify and hold
harmless the Company from any claims or liability arising out of the work
performed by the manufacturer under this Agreement.
4. Time is of the essence of this Agreement
5. This instrument, including any attached exhibits and addenda,
constitutes the entire agreement of the parties. No representations or
promises have been made except those that are set out in this agreement.
This agreement may not be modified except in writing signed by both the
parties.
6. This agreement shall be governed by the laws of UNITED STATES OF
AMERICA following constitution
7. Manufacturer shall at its own expense obtain all permits necessary for
the work to be performed.
8. Manufacturer agrees to remove all irrelevant raw material and keep the
premises clean.
9. In the event Client shall fail to pay any periodic or installment payment
due here under, Manufacturer may cease work without breach pending
payment or resolution of any dispute.
10. All disputes hereunder shall be resolved by binding arbitration in
accordance with the rules of the American Arbitration Association.
11. Manufacturer shall not be liable for any delay due to circumstances
beyond its control including strikes, casualty or general unavailability of
materials or any unavoidable circumstances.
12. Manufacturer warrants all work for a period of THREE months following
completion.
13. If any part of this agreement is adjudged invalid, illegal or
unenforceable, the remaining parts shall not be affected and shall remain in
full force and effect.
14. This agreement shall be binding upon both the parties, and upon their
heirs, executors, personal representatives, administrators and assigns. No
person shall have a right or cause of action arising out of or resulting from
 this agreement except those who are parties to it and their successors in
interest.
15. This instrument, including any attached exhibits and addenda,
constitutes the entire agreement of the parties. No representations or
promises have been made except those that are set out in this agreement.
This agreement may not be modified except in writing signed by all the
parties.

Client: Contractor:
JOHN MATHEWS 12/09/2009 GAGS LTD 12/09/2009

Discuss formation of contract in following cases

and decide its legal viability:

• When taxi is called in phone on Bhopal

It is IMPLIED CONTRACT these contract are contract where both the

offer and the acceptance constituting an agreement enforceable at

law are made otherwise in words i.e., by act and conduct of the

parties.

In this particular case when a person called a taxi on phone he is

entering into a contract that he has to pay some amount of money to

the driver of that taxi and if he refuse to do so he can be sued by the

taxi driver.
 • When one rupee coin is inserted in the slot

of a weighing machine.

It is a PARTLY EXECUTED CONTRACT these are those contract where

one party has performed his obligation and other parties performance

is still outstanding.

In this particular case a person has completed his part of contract by

inserting a one-rupee coin now there is an obligation to other party to

do his part by showing the weight of that person.

• When you board on a public bus in Delhi.

It is an IMPLIED CONTRACT these contract are contract where both

the offer and the acceptance constituting an agreement enforceable at

law are made otherwise in words i.e., by act and conduct of the

parties.

In this case if a person is traveling on a bus then he became liable to

pay the fare if he refuses to do so he can be sued by the bus driver .It

is fully enforceable at law.

• When you dine in a hotel .

It is an IMPLIED CONTRACT these contract are contract where both

the offer and the acceptance constituting an agreement enforceable at

law are made otherwise in words i.e., by act and conduct of the

parties.

In this case if a person entered into a hotel he was not asked whether

he will pay the bill or not it is understood that if a person is taking its

meal in that particular hotel he is liable to pay the amount that was

charged by the hotel. As we are getting the services of the dinning

facility so we are supposed to pay a sum.

• When you invite your fiancé for dinner and

s/he does not turn up, after accepting the
invitation.

If I invite my fiancé for dinner and he does not turn up after

accepting the invitation it does not create any legal obligation .it was

just a mutual agreement between me and my fiancé and does not

create any legal enforceability or we can say that it was just an

promise and that’s why there is no legal boundation to any of the

parties.in this case no legal law applies. It is an case betweem them

so no lw applies.
THANK YOU