Western Australian Consolidated Acts Western Australian Consolidated Acts In relation to
contracts to which the Board is a party, the following provisions shall
apply —
(a)
Every contract made by the Board may, if the Board thinks fit, specify the
person to whose satisfaction the contract is to be completed and the mode of
determining any dispute which arises concerning or in consequence of the
contract.
(b) The
powers granted to the Board under this or any other Act to make contracts may
be exercised as follows —
(i)
Any contract which, if made between private persons would
be required by law to be in writing under seal, may be made on behalf of the
Board in writing under the common seal of the Board, and may in the same
manner be varied or discharged.
(ii)
Any contract which, if made between private persons would
be required by law to be in writing signed by the parties to be charged
therewith, may be made on behalf of the Board in writing signed by any person
acting under its authority express or implied and may, in the same manner, be
varied or discharged.
(iii)
Any contract which, if made between private persons would
be valid in law although made by parol only and not reduced into writing, may
be made by parol on behalf of the Board by any person acting under its
authority express or implied and may in the same manner be varied or
discharged.
(c) All
contracts so made and duly executed by the parties thereto respectively shall
be effectual in law and binding on the Board and all other parties thereto,
their successors, heirs, executors or administrators, as the case may be, and
in the case of default in the execution of any such contract either by the
Board or by any other party thereto, such actions or suits or other
proceedings may, subject to the provisions of this Act, be instituted either
by or against the Board in its corporate name or by or against the other
parties making the default, and such damages and costs recovered as might be
instituted and recovered had the like contract been made between private
persons.
[(d) deleted]
(e) The
Board may compound and agree with any person or firm who has entered into any
contract with it or against whom any action or suit is brought for any penalty
contained in any such contract, or in any bond or other security for the
performance thereof, or for or on account of any breach or non-performance of
any such contract, bond or security for such sum of money or other recompense
as the Board thinks proper.
[Section 8 amended by No. 20 of 1955
s. 8.]