Midterm difentions

Question 1

Extreme pressure that eliminates the element of voluntariness during the pricess of contract formation.

Answer 1

Durress

Question 2

The omission to do something which a reasonable person, guided by those ordinary considerations which regulate human affairs, would do, or the doing of something which a reasonable or prudent person would not do.

Answer 2

Negligence

Question 3

An agreement between two or more persons which creates an oblifgation to do or not to do a patricular things.

Answer 3

Contract

Question 4

Different than law created by government. Often termed “jude-made law”

Answer 4

Common law

Question 5

Is the liablility of a party for the acts or omissions of another party. It is usually used in the context of an employer being liable for the acts of omissions of its employee.

Answer 5

Vicarious liablility

Question 6

Is a statement of fact made by one party that is untrue.

Answer 6

Misrepersentation

Question 7

An act of legislature declaring, commanding, or prohibitiing something; a particular law encated and established by the will of the legislative department of government (e.g law passed by parliment).

Answer 7

Statute

Question 8

Taking all aspects into consideration, the likelihood of a proposistion or hypothesis being true. This is the standard required in most civil cases.

Answer 8

Balance of probabilities

Question 9

Something of value that is exhanged by contracting parties

Answer 9

Consideration

Question 10

Contract clause that is frequently used in construction constracts to protect the parties in the event that a segment of the contract cannot be performed due to causes that are outside the control of the parties, such as natural disasters.

Answer 10

Force Majure

Question 11

A heightened duty to care for the interest of another party in priority to one’s own interesst,

Answer 11

FIduciary duty

Question 12

The party agaisnt whom the claim has been made

Answer 12

Defendant

Question 13

An interntional deception resulting in injnury to persons or corporations

Answer 13

Fraud

Question 14

is an element of negligence and is the requirement in law that every person must take reasonable care for others based on the concept of reasonable foreseeability.

Answer 14

Duty of Care

Question 15

behaviour that contributes to one’s own injury or loss and fails to meet the standard of prudence that one should observe for one’s own good.

Answer 15

Contributory negligence

Question 16

is an agreement by one party to bear the financial loss of another party for a specified event.

Answer 16

Indemnity

Question 17

means that all reasonable steps have been taken to satisfy statutory obligations

Answer 17

Due Diligence

Question 18

Contra Proferentem

Answer 18

is a rule of contractual interpretation that states that wherever a contract is ambiguous and there are two alternate interpretations, the courts will use the interpretation that favours the party that did not write the contract.

Question 19

Standard of Care

Answer 19

is an element of negligence and is the level of skill and care required of a person.

Question 20

Civil Law

Answer 20

is a system of law based on the Napoleonic Code of France and is applicable in Quebec and Louisiana

Question 21

What are 5 elements that make a contract binding and enforceable

Answer 21

1. Offer
2. acceptance
3. consideration
4. legal capacity
5. lawful purpose

Question 22

is something that is outside the scope of work

Answer 22

Extra work

Question 23

additional work is included in the contract but may vary slightly

Answer 23

additional work

Question 24

4 ways to end a contract

Answer 24

1. performace
2. frustration
3. mutual termination
4. fundamental breach

Question 25

Negoatied change for work

Answer 25

Change order

Question 26

is a change in work where it des not allow for negotiatiing price and is issued by the owner

Answer 26

Change directive

Question 27

What are two main reasons taht must generally exist to allow a contractor to get added compensation as a ersult of differing site conditions or unforeseen conditions

Answer 27

1. Must be unknown to the contractor 2. must change the orginal scope of work 3. Owner did not disclose information

Question 28

all legislative enactments and established controls of human action a binding custom or practice of a community : a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority (Merriam-Webster online dictionary). denotes those rules, standards and principles which are applied by courts in the decisions of controversies.

Answer 28

Law

Question 29

Contractor pays owner’s damages