Important terms and Latin terms Flashcards
De minimis
About minimal things
The law doesn’t concern itself with trifling matters
Relevance - Practical Completion - PC doesn’t mean 100% of works complete e.g. planting of trees possibly not carried out in winter and carried out later
Ultra vires
Ultra veerees
Acting beyond ones legal power or authority
Relevance - employers agent (certifier) could be acting ultra vires meaning any certificate he issues is invalid
Functus officio
Foongtos offisio
officer or agency whose mandate has expired either because of the arrival of an expiry date or because an agency has accomplished the purpose for which it was created
Relevance - once certifier is functus officio cannot act any longer
Jus Quaesitum Tertio
Yoos quaeseetum tershio
allows 2 parties to make a contract and confer a right on a third party (the tertius)
arises when the third party (tertius or alteri) is the intended beneficiary of the contract, as opposed to a mere incidental beneficiary (penitus extraneus)
Delectus personae
Delectus person-i)
where the contract depends on a particular personality being involved and no one else is acceptable to carry out the works
Common in selection of architect in construction
Rei interitus
Ray-ee inter-itoos
Purpose of the contract been defeated / subject matter of the contract has been destroyed
Co terminus
Remedies are not binary i.e. either common law or contract law - not one or the other
Both exist at same time (co terminus)
(Unless common law carefully and unequivocally detailed out within contract - escape clauses)
Vitiate
destroy or impair the legal validity of
No instruction shall vitiate the contract
Uberrimae fidei
uberimee feedy-i
Contract of upmost good faith and full disclosure of all material facts
Subrogation
the substitution of one person or group by another in respect of a debt or insurance claim, accompanied by the transfer of any associated rights and duties.
