Contract Regulations 2005

QFC Reg No 4 – Contract Regulations
Enactment Notice
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