4 - Engineering Contracts Flashcards
concerned with crimes (breach of statute or laws enacted by legislature) against the state or society; involved with punishment of individuals or groups by the state
Criminal Law
concerned with torts (wrong done by one party to another) between individuals or groups; involved with judgments through the civil courts
Civil Law
person that annoys or causes trouble
Nuisance
lack of attention or care
Negligence
to give an untrue idea
Misrepresentation
acquiring financial advantage by means of deliberate deception
Fraud
intrude upon another persons property without permission
Trespass
A contract may be classified:
as to origin as to participation as to obligation as to completion status as to form as to legal status
– preliminary stage of negotiation until an agreement is reached.
Preparation or conception
the moment both parties have agreed in all the terms and conditions of the contract.
Perfection or birth
when the contract is performed and its terms fulfilled.
Consummation or death
is the first step toward making a contract. The offer is the communication by one party of their intention to enter into a contract with another party.
Offer
is the offer recipient’s consent to enter into the contract on the terms expressed by the person making the offer. Only the intended recipient can do this unless another party has been authorized to consent on the recipient’s behalf.
Acceptance
refer to either a promise or money. It is a vital part of a contract because it is the basis or incentive for the parties to enter into the contract.
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Consideration
To establish one party’s competency to enter into a contract means to ensure that they have the capacity to knowingly and consensually enter into a contract. This means the party cannot be a minor, insane, drunk or on drugs when agreeing to enter into a contract.
Competency