Termination of contractor due to the corruption, unlawful or illegal activities

A construction contract can be brought to an end in a various ways either by performance, agreement, frustration or by breach. Normally, termination of contract is a remedy for discharged of contract or put the contract to an end by breach. A contract for government project normally use PWD Form 203...

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Main Author:	Hassan, Hasnita Hana
Format:	Thesis
Language:	English
Published:	2011
Subjects:	KD England and Wales
Online Access:	http://eprints.utm.my/id/eprint/34690/5/HasnitaHanaHassanMFAB2011.pdf
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id	my-utm-ep.34690
record_format	uketd_dc
spelling	my-utm-ep.346902018-05-27T08:11:14Z Termination of contractor due to the corruption, unlawful or illegal activities 2011-07 Hassan, Hasnita Hana KD England and Wales A construction contract can be brought to an end in a various ways either by performance, agreement, frustration or by breach. Normally, termination of contract is a remedy for discharged of contract or put the contract to an end by breach. A contract for government project normally use PWD Form 203A (Rev. 2007). In its effort to eradicate corruption in the construction industry, the government has incorporated an anticorruption clause in the PWD standard form of contract that is Clause 53.0. However, it is silent on the true meaning of the words corruption, unlawful or illegal activities. It can be anything to the ordinary person since there is no clear meaning. It also raise a question whether the clause (without clear definition) is adequate enough for the employer to terminate the contract. The objectives of this research is to determine the meaning of corruption and unlawful or illegal activities and their differences. It is also to determine whether the employer, is entitled to terminate the contract based on Clause 53.0 of PWD Form 203A (Rev. 2007). This research is confined to the Clause 53.0 of PWD Form 203A (Rev. 2007) and the reported English court cases on corruption, unlawful or illegal activities. This research is carried out by analyzing selected court cases. It is found in this research that the meaning of corruption is offences relating to the improper influencing of people in certain position of trust and willing to act dishonestly in return for money or personal gain. Meanwhile an unlawful or illegal activity is means by activities commit by a person or a group of person that is forbidden by law. It also pointed out that it is wrong for the employer to terminate the contract under Clause 53.0 of PWD Form 203A (Rev. 2007). 2011-07 Thesis http://eprints.utm.my/id/eprint/34690/ http://eprints.utm.my/id/eprint/34690/5/HasnitaHanaHassanMFAB2011.pdf application/pdf en public http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:70521?site_name=Restricted Repository masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment
institution	Universiti Teknologi Malaysia
collection	UTM Institutional Repository
language	English
topic	KD England and Wales
spellingShingle	KD England and Wales Hassan, Hasnita Hana Termination of contractor due to the corruption, unlawful or illegal activities
description	A construction contract can be brought to an end in a various ways either by performance, agreement, frustration or by breach. Normally, termination of contract is a remedy for discharged of contract or put the contract to an end by breach. A contract for government project normally use PWD Form 203A (Rev. 2007). In its effort to eradicate corruption in the construction industry, the government has incorporated an anticorruption clause in the PWD standard form of contract that is Clause 53.0. However, it is silent on the true meaning of the words corruption, unlawful or illegal activities. It can be anything to the ordinary person since there is no clear meaning. It also raise a question whether the clause (without clear definition) is adequate enough for the employer to terminate the contract. The objectives of this research is to determine the meaning of corruption and unlawful or illegal activities and their differences. It is also to determine whether the employer, is entitled to terminate the contract based on Clause 53.0 of PWD Form 203A (Rev. 2007). This research is confined to the Clause 53.0 of PWD Form 203A (Rev. 2007) and the reported English court cases on corruption, unlawful or illegal activities. This research is carried out by analyzing selected court cases. It is found in this research that the meaning of corruption is offences relating to the improper influencing of people in certain position of trust and willing to act dishonestly in return for money or personal gain. Meanwhile an unlawful or illegal activity is means by activities commit by a person or a group of person that is forbidden by law. It also pointed out that it is wrong for the employer to terminate the contract under Clause 53.0 of PWD Form 203A (Rev. 2007).
format	Thesis
qualification_level	Master's degree
author	Hassan, Hasnita Hana
author_facet	Hassan, Hasnita Hana
author_sort	Hassan, Hasnita Hana
title	Termination of contractor due to the corruption, unlawful or illegal activities
title_short	Termination of contractor due to the corruption, unlawful or illegal activities
title_full	Termination of contractor due to the corruption, unlawful or illegal activities
title_fullStr	Termination of contractor due to the corruption, unlawful or illegal activities
title_full_unstemmed	Termination of contractor due to the corruption, unlawful or illegal activities
title_sort	termination of contractor due to the corruption, unlawful or illegal activities
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2011
url	http://eprints.utm.my/id/eprint/34690/5/HasnitaHanaHassanMFAB2011.pdf
_version_	1747816235680137216

Termination of contractor due to the corruption, unlawful or illegal activities

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