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Construction Contract: After the Korean War ended, there was a tapering off of American shipbuilding activities. In the early 1960's, building
Before a shipbuilding contract is signed, the prospective owner and builder will have arrived at an agreement regarding the general dimensions, characteristics, and appearance of the vessel. This agreement is embodied in a set of documents known as the contract plans and specifications. Not to be confused with the numerous working drawings which must be produced during the course of construction contract, the contract plans (usually ten to twenty in number) show the general arrangement, scantlings (sizes of structural members) and principal dimensions of the vessel, while the specifications describe quite thoroughly the details of hull construction contract, machinery installation and outfit which are not amenable to delineations on the contract plans.
Contract plans and specifications for oceangoing ships come from one or two sources. The prospective owner may engage an independent naval architect to develop a set describing tl vessel which will meet his needs, and then a; one or more shipyards to submit bids based c same, or he may describe his needs to a shipyai and ask the yard to submit contract plans ar specifications to serve as a basis for negotiation Hence, before the contract is signed, the bas design of the ship which will meet the prospectn owner's requirements as to cargo-carrying capai ity, speed, cruising range, fuel economy and tl like has been worked out, and the shipbuilder h; prepared a price estimate and set a date of delii ery based on the contract plans and specification Establishment of the delivery date require formulation of a tentative master schedule c construction contract events.
In Scots law, a person can bind himself by an informal gratuitous contract or indeed by a bare promise. Thus a person can sue to enforce a benefit promised to him under a contract to which he was not a party. The rules applicable in contract are generally Romanistic, but English influences affect certain branches of the law, especially commercial contracts. Thus, though in general under Scots law a real right cannot be transferred by contract without delivery, an exception to this rule is made in the case of sale. Scots law provides comprehensive remedies against unjust enrichment to recover money or property which have come into the possession of another contrary to the intention of the true owner, or where the purpose underlying the transfer cannot be given effect. |
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