4 - Engineering Contracts Flashcards

1
Q

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

A

Criminal Law

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2
Q

concerned with torts (wrong done by one party to another) between individuals or groups; involved with judgments through the civil courts

A

Civil Law

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3
Q

person that annoys or causes trouble

A

Nuisance

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4
Q

lack of attention or care

A

Negligence

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5
Q

to give an untrue idea

A

Misrepresentation

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6
Q

acquiring financial advantage by means of deliberate deception

A

Fraud

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7
Q

intrude upon another persons property without permission

A

Trespass

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8
Q

A contract may be classified:

A
 as to origin 
 as to participation 
 as to obligation 
 as to completion status
  as to form 
 as to legal status
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9
Q

– preliminary stage of negotiation until an agreement is reached.

A

Preparation or conception

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10
Q

the moment both parties have agreed in all the terms and conditions of the contract.

A

Perfection or birth

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11
Q

when the contract is performed and its terms fulfilled.

A

Consummation or death

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12
Q

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.

A

Offer

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13
Q

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.

A

Acceptance

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14
Q

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.
4

A

Consideration

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15
Q

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.

A

Competency

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16
Q

For a contract to be enforceable, both parties must understand the terms of the agreement, agree to them in the intended sense of the contract’s terms, and do so simultaneously.

A

Mutuality of obligation

17
Q

While competency is the legal establishment of a party’s ability to make an informed decision to enter into a contract, capacity refers to the more fundamental requirement that both parties to the contract be people.

A

Legal capacity -

18
Q

the terms and conditions are the real nuts and bolts of a contract. Terms and conditions establish obligations for both parties to the contract. They require that each party perform certain tasks in order to satisfy the contract’s terms.

A

Terms and conditions

19
Q

Contracts are the basis of business deals, negotiations, and projects. As the business world grows increasingly complex, people entering into the field need a wide range of knowledge and skills, including expertise on contracts but also on negotiation, team building, and more.

A

Project managers and contract knowledge