• Contract Regulations 2005

    QFC Reg No 4 – Contract Regulations
    Part 1:
    Application and Commencement
    Article 1 - Citation
    Article 2 - Application
    Article 3 - Commencement
    Article 4 - Language
    Article 5 - Interpretation
    Part 2:
    Nature of Contract
    Article 6 - Freedom of contract
    Article 7 - Governing law and jurisdiction
    Article 8 - Form of contract
    Article 9 - Binding character of contract
    Article 10 - Exclusion or modification by the parties
    Article 11 - Usage and practices
    Article 12 - Notices
    Part 3:
    Formation of Contract
    Article 13 - Negotiations
    Article 14 - Confidentiality
    Article 15 - Manner of formation
    Article 16 - Definition of offer
    Article 17 - Withdrawal of offer
    Article 18 - Revocation of offer
    Article 19 - Rejection of offer
    Article 20 - Mode of acceptance
    Article 21 - Time of acceptance
    Article 22 - Acceptance within a fixed period of time
    Article 23 - Late acceptance and delay in transmission
    Article 24 - Withdrawal of acceptance
    Article 25 - Modified acceptance
    Article 26 - Conclusion of contract dependent on agreement on specific matters or in a specific form
    Article 27 - Contract with terms deliberately left open
    Article 28 - Entire agreement
    Article 29 - No variations
    Article 30 - Contracting under standard terms
    Article 31 - Validity of agreement
    Part 4:
    Validity
    Article 32 - Initial impossibility
    Article 33 - Relevant mistake
    Article 34 - Remedies for non-performance
    Article 35 - Misrepresentation
    Article 36 - Threat
    Article 37 - Illegality
    Article 38 - Confirmation
    Article 39 - Loss of right to avoid
    Article 40 - Notice of avoidance
    Article 41 - Time limits
    Article 42 - Retroactive effect of avoidance
    Article 43 - Damages
    Article 44 - Mandatory character of the provisions of Part 4
    Part 5:
    Interpretation
    Article 45 - Intention of the parties
    Article 46 - Interpretation of statements and other conduct
    Article 47 - Relevant circumstances
    Article 48 - Reference to contract of statement as a whole
    Article 49 - All terms to be given effect
    Article 50 - Contra proferentem rule
    Article 51 - Linguistice discrepancies
    Part 6:
    Content
    Article 52 - Express and Implied Obligations
    Article 53 - Implied Obligations
    Article 54 - Co-operation between the parties
    Article 55 - Duty to achieve a specific result and duty of reasonable efforts
    Article 56 - Determination of kind of duty involved
    Article 57 - Determination of quality of performance
    Article 58 - Price determination
    Article 59 - Contract for an Indefinite Period
    Article 60 - Release by agreement
    Part 7:
    Agency
    Article 61 - Authority of Agents
    Article 62 - Agency disclosed
    Article 63 - Agency undisclosed
    Article 64 - Agent acting without or exceeding his authority
    Article 65 - Liability of Agent acting without or exceeding his authority
    Article 66 - Duties of an Agent
    Article 67 - Conflict of interests
    Article 68 - Sub-agency
    Article 69 - Ratification
    Article 70 - Indemnification
    Article 71 - Affirmation
    Article 72 - Termination of authority
    Part 8:
    Performance
    Article 73 - Time of performance
    Article 74 - Performance at one time or in instalments
    Article 75 - Partial performance
    Article 76 - Order of Performance
    Article 77 - Earlier Performance
    Article 78 - Place of Performance
    Article 79 - Payment by cheque or other instrument
    Article 80 - Payment by funds transfer
    Article 81 - Currency of payment
    Article 82 - Currency not expressed
    Article 83 - Costs of performance
    Article 84 - Imputation of payments
    Article 85 - Onerous performance
    Part 9:
    Set-Off
    Article 86 - Conditions of set-off
    Article 87 - Set-off by notice
    Article 88 - Effect of set-off
    Part 10:
    Non-Performance
    Article 89 - Breach of contract
    Article 90 - Interference by the other party
    Article 91 - Withholding performance
    Article 92 - Remedy by non-performing party
    Article 93 - Additional period for performance
    Article 94 - Force Majeure
    Part 11:
    Remedies
    Article 95 - Performance of monetary obligation
    Article 96 - Performance of non-monetary obligation
    Article 97 - Repair and replacement of defective performance
    Article 98 - Judicial penalty
    Article 99 - Change of remedy
    Article 100 - Right to damages
    Article 101 - Compensation
    Article 102 - Harm due in part to aggrieved party
    Article 103 - Mitigation of harm
    Article 104 - Interest for failure to pay money
    Article 105 - Manner of monetary redress
    Article 106 - Currency in which to access damages
    Article 107 - Liquidated damages
    Article 108 - Limitation
    Article 109 - Effect of expiration of limitation period
    Part 12:
    Termination
    Article 110 - Right to terminate the contract
    Article 111 - Notice of termination
    Article 112 - Anticipatory non-performance
    Article 113 - Adequate assurance of due performance
    Article 114 - Effects of termination in general
    Article 115 - Restitution
    Part 13:
    Transfer of Rights and Obligations
    Article 116 - Assignment of rights
    Article 117 - Assignability of non-monetary rights
    Article 118 - Partial assignment
    Article 119 - Future rights
    Article 120 - Rights assigned without individual specification
    Article 121 - Agreement between assignor and assignee sufficient
    Article 122 - Obligor's additional costs
    Article 123 - Non-assignment clauses
    Article 124 - Notice to the Obligor
    Article 125 - Successive assignments
    Article 126 - Adequate proof of assignment
    Article 127 - Defences and rights of set-off
    Article 128 - Rights related to the right assigned
    Article 129 - Undertakings of the Assignor
    Article 130 - Sub-contracting
    Article 131 - Novation of contracts
    Article 132 - Discharge of the original Obligor
    Article 133 - Defences and rights of set-off
    Article 134 - Rights relating to the obligation transferred
    Part 14:
    Rights of Third Parties
    Article 135 - Contracts in favour of third parties
    Article 136 - Defences
    Article 137 - Revocation
    Article 138 - Renunciation
    Part 15:
    Interpretation and Definitions
    Article 139 - Interpretation
    Article 140 - Definitions