Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

MSE 402 > Contracts and Torts > Flashcards

Contracts and Torts Flashcards

1
Q

What are the 3 primary features of the Canadian Constitution?

A
  1. Division of powers between federal and provincial/territorial governments
  2. Creation of the Courts
  3. Charter of Rights and Freedoms
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the 4 types of Common Law?

A
  1. Public and private law
  2. Criminal law
  3. Civil law
  4. Administrative law
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is public law?

A

Refers to public as a whole

Ex. Constitutional law, administrative law, criminal law, and international law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is criminal law?

A

Deals with crimes and penalties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is civil law?

A

Dual distinction from criminal or common law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is administrative law?

A

Administrative agencies of government including rule-making, adjudication, and enforcement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are statutes?

A

Acts passed by parliament or legislatures
Federal: Criminal law, divorce, national justice system
Provincial: Trade and commerce, property, law enforcement, provincial justice system

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is common law?

A

Judge-made law

  • Developed through judge’s decisions
  • Recorded and reported in case-law journals
  • Involved in torts and contracts
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is and isn’t tort? How is it resolved?

A

A wrong committed by one person against another, resulting in harm/loss/injury, but not a crime/breach of contract and resolved through damages (money)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What are the 2 types of tort?

A
  1. Intentional (ex. Fraud, trespass, defamation)

2. Unintentional (ex. Nuisance, negligent misrepresentation, negligence)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are the 4 essential elements of negligence?

A
  1. Defendant owed Plaintiff a duty of care
  2. Defendant breached duty through action/inaction below a required standard of care
  3. Plaintiff suffered an injury/loss/harm
  4. Defendant’s breach of action/inaction was the proximate cause of the Plaintiff’s injury/loss/harm
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the Reasonable Foresee-ability Test?

A

If at the time of negligent act/omission, the Defendant could have reasonably foreseen the act/omission would result in harm to the Plaintiff, then a duty of care exists

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is an engineer’s Duty of Care?

A

Owed to owners, but designers only have duty of care if assumed supervision for construction in contractor’s work

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is a “breach of duty”?

A

When the required skill level of a “standard of care” has not been met by the defendant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is an engineer’s Standard of Care? 2 points

A
  • Expectation of reasonable competence and currently practicing
  • Compliance with accepted practices, statutes, regulations, and codes (at least!)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is the “But For” test?

A

But for the act or omission, the harm/loss/injury would not have occurred

17
Q

What are 5 special cases involving negligence?

A
  1. Innovative engineering design
  2. Duty to warn
  3. Negligent misrepresentation
  4. Fiduciary duty
  5. Product liability
18
Q

What are the 5 elements of a contract?

A
  1. Two or more person with legal capacity
  2. Intention to create mutual obligations
  3. Consensus/agreement through offer AND acceptance
  4. Mutual consideration
  5. Lawful purpose
19
Q

Which 4 persons do not have legal capacity to enter contracts?

A
  1. Minors, except for student loans/certain business ventures/necessities contract
  2. Mentally incompetent
  3. Unincorporated organizations
  4. Intoxicated
20
Q

When does intention not exist when signing a contract? 3 occasions

A

When the party:

  1. Lacks legal capacity
  2. Is under duress from physical/economic threat
  3. Is under undue pressure from a fiduciary
21
Q

What are the 5 elements of a contract offer?

A
  1. Must be communicated to another person
  2. Remains open until offer accepted/rejected, retracted, countered, or expired
  3. Contains specific terms of obligation
  4. Cannot “agree to agree”
  5. An Invitation to Treat can precede an offer
22
Q

What are the 3 elements of a contract acceptance?

A
  1. Must determine the point it was created
  2. Must mirror the offer, no changes
  3. Must be communicated
23
Q

What is a condition?

A

If breached, the innocent party has the right to terminate the contract AND sue for damages

24
Q

What is a warranty?

A

If breached, the innocent party is entitled to damages BUT does not have the right to terminate the contract

25
Q

What are 6 ways a contract can be voided after being made?

A
  1. One or more of the required elements is missing
  2. It is based on a mistake that is serious or made by both parties
  3. There has been fraudulent misrepresentation
  4. It was made under duress
  5. It is unconscionable (unfair)
  6. It is frustrated (impossible)
26
Q

What are 3 ways a contract can be terminated?

A
  1. Performance/completion
  2. Termination clauses
  3. Fundamental breach
27
Q

What are 3 forms of breach?

A
  1. Simple breach: Breach of a minor term, does NOT terminate contract
  2. Anticipatory breach: Notice of intention not to perform, repudiation (reject) of contract and terminates contract
  3. Fundamental breach: Other party deprived of all benefit, can continue and sue OR void contract and sue
28
Q

What does breach mean and how does it occur? 4 ways

A

Failure to perform contractual obligations

  1. Inability due to lack of resources
  2. Inadvertence due to lack of intention
  3. Economic incentive, cost of performance exceeds cost of breach
  4. Disagreement, opposing views on terms
29
Q

What are the 3 remedies for breach of contract?

A
  1. Damages, monetary compensation
  2. Specific performance, court-order performance
  3. Injunction, court-ordered prohibition against action
30
Q

What are canons of construction?

A

The system of basic rules and maxims applied by a court to aid in its interpretation of a contract

31
Q

What are 8 standard clauses in contracts?

A
  1. Defined scope of work
  2. Time is of the essence for deadlines
  3. Procedure for changes in terms
  4. Liquidated damages provision for breaches
  5. Repair warranties
  6. Termination procedure
  7. Indemnification, protection from 3rd party legal actions
  8. Exclusion/limitations/waivers for limiting ability to sue
32
Q

What are the 4 types of contracts?

A
  1. Standard form, for specific industries (ex. Car rental)
  2. Professional services, standard for engineers
  3. License agreements, common in tech industries
  4. Construction, based on payment methods and amount of work

MSE 402 (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions