legal + statutory responsibilites Flashcards
What are the legal and statutory responsibilities in construction?
Legal obligations and adherence to statutes governing construction practices
These responsibilities ensure safety, compliance, and legal accountability in construction projects.
What are the essentials of a contract?
Offer and acceptance, genuine consent, contract documentation, intention to create legal obligation, capacity, consideration, possibility of performance
These elements are crucial for the formation of a valid and enforceable contract.
Define offer and acceptance in contract law.
Offer is an expression of willingness to contract; acceptance is an agreement to the terms of that offer
Acceptance can be express or implied and must be communicated to create a binding contract.
What is genuine consent?
A true agreement between parties regarding the terms and nature of the contract
If consent is not genuine, the contract may be voided or deemed avoidable.
What is meant by intention to create legal obligation?
The parties involved must intend for the agreement to be legally binding
Without this intention, the agreement may not be enforceable in court.
What is capacity in the context of contracts?
The ability of an individual to enter into a legally binding contract
Typically, individuals must be over 18 years of age to have legal capacity.
What is consideration in contract law?
The exchange of promises where both parties receive a benefit and suffer a detriment
Consideration is a necessary element for a contract to be enforceable.
What does ‘possibility of performance’ refer to?
The ability to fulfill the terms of the contract
A contract must be capable of being performed; if not, it may be invalid.
What is a deposit in the context of contracts?
An upfront payment made as part of a contract agreement
This often signifies commitment to the contract by the parties involved.
List the types of contracts mentioned.
- JCT - Joint Contract Tribunal - Family Contract
- IPC - Intermediate Form of Contract - Small
- NEC - New Engineering Contract - Large
- WK1,2,3 - Local Authority
These types of contracts cater to different scales and contexts of construction work.
What are conditions of a contract?
Terms that dictate the obligations and rights of the parties involved
Conditions can be either standard or specific to the contract.
What are expressed and implied terms?
Expressed terms are clearly stated in the contract; implied terms are not expressly stated but are assumed to be understood
Both types of terms are essential for interpreting the contract’s obligations.
What is meant by ‘small print’ in contracts?
Details and terms that are often written in smaller font and may include important conditions
It is crucial to read small print as it may contain significant contractual obligations.
What are remedies for breach of contract?
- Damages
- Specific performance
- Rescission
Remedies are legal solutions available to the aggrieved party when a contract is breached.
What happens during the termination of a contract?
The contract is legally ended, releasing parties from obligations
Termination can occur due to various reasons including breach or mutual agreement.
What is the purpose of exchanging contracts?
To formalize the agreement and make it legally binding
This exchange often includes the signing of documents and payment of deposits.
What types of searches are carried out by a conveyancer?
- Land registry
- Local authority searches
- Preliminary enquiry to vendor
- Energy performance certificate
These searches are essential for ensuring clear title and compliance in property transactions.
Define a contract.
An agreement which gives rise to obligations enforced or recognized by law
Contracts are fundamental to legal transactions and relationships.
What is the role of intent to create legal relations in contract formation?
It ensures that parties intend for their agreement to have legal consequences
Without this intent, the agreement may be treated as a mere social or moral obligation.
What does contract law aim to sift out?
Cases that aren’t appropriate for court action
Contract law helps in determining enforceability and legitimacy of agreements.
What is included in contract documentation?
- Contract documents
- Title deed
- Searches
- Vendor enquiries
Proper documentation is vital for establishing the terms and conditions of the contract.
What information is included in the features of a contract?
- Names and information of all parties
- Deposit price
These features help identify the parties involved and the financial commitments of the contract.
