Revocation
To take back or withdraw an offer or grant of something. Often used in connection with an offer to contract, a gift, a will or a licence where no consideration is given.
Rise and Fall
A contractual provision for increasing or decreasing payments by a principal to a contractor for Works undertaken under the contract, in response to events that increase or decrease the contractor's costs under the contract through no fault of the contractor. Rise and fall events may include the impact of inflation, changes in materials or labour costs, or the movement of foreign currency where an element of the contractor's costs are related to the value of a foreign currency.
Romalpa Clause (Retention of Title Clause)
A contractual provision that title to any material supplied by a supplier, including material to be used or incorporated in construction, is retained by the supplier until such time as the supplier is paid for that material. The name comes from the case of Aluminium Industrie Vaassen BV v Romalpa Aluminium Limited (1976) 1 WLR 676.
Royal Australian Institute of Architects (RAIA)
A national body that aims to advance architecture, maintain the integrity and standing of architects, promote the views of architects nationally and internationally and to encourage the study of architecture.
Request for Tender (RFT)
An invitation to tenderers to submit an offer to supply goods and/or services in accordance with the Request for Tender. The Request for Tender will frequently require the tenderer to make an offer on the terms set out in the RFT, which may then be accepted by the party requesting the tender.
Rescission
The termination of a contract by returning the parties back to the position they held before the contract was entered into. The contract is treated as if it never existed and the parties are discharged from the duty to perform their contractual obligations.
Restitution
Arises in two contexts: (a) As a legal remedy for the restoration of losses, whether it be property or money caused by a breach of trust, fiduciary duty, breach of contract or even in cases of negligence. (b) As a separate branch of law distinguished from the common law and equity.
Reasonable Endeavours
An obligation on a contracting party to take reasonable steps to fulfil the obligation in question. Compliance with such obligation requires a level of effort rather than achievement of the obligation. The obligation to take reasonable endeavours will not necessarily require the person to suffer financial or other commercial detriment in fulfilling that obligation.
Reasonable Skill and Care
The requirement to perform obligations under a contract with the skill and care that a reasonable person would use. The obligation is frequently implied into contracts for professional services.
Rectification
A method by which courts can vary a contract between two or more parties if a term of the contract was mistakenly recorded or documented.