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Agreement Between Buyer and Seller

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Cost-Plus Contracts

Cost-Plus Contracts
Short Answer Question 3 This contract consists of both terms and representations. The terms are the provisions that form part of this contract. Each term that is contained in this contract will give rise to contractual obligation. If the terms are breached, litigation will be inevitable. However, the terms in this contract are not necessarily stated. Some of the terms in this contract attract little legal consequences because they are considered to be subordinate to the main objectives of the contract. Statements also form part of this contract. These statements are those that are capable of creating contractual obligations. The following types of statements may be contained in this contract:
a). Puff or sales talk. A puff will not give rise to contractual obligation especially if it lacks the backing of a reasonable person who could actually take the statement seriously. This will be amplified if the statement is further proved to be wrong. Such kind of a statement will be a puffery as is common with commercials in televisions.
b). Representation. Any factual statement will not be considered as a contractual term. This statement is made by the owner; however the owner does not offer a guarantee regarding how honest it may be. Such a statement according to this contract will give rise to any contractual obligation between the owner and the builder. However, other remedies may be pursued by the aggrieved party, i.e. tortuous actions like misrepresentation in a competent court of law.
c). Term. It is similar to a representation and, may be found in this contract. The statement’s truth will however, have to be guaranteed by the maker of the statement before the statement gives rise to any contractual obligations.

Classification of Terms As stated before, the terms in this contract go to the core of this

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