Section 3

Question 1

What is providing money for a breach of contract also known as?

Answer 1

The provision of REMEDY

Question 2

What are the two areas of civil law?

Answer 2

The law of contract

The law of Tort

Question 3

What is a contract?

Answer 3

A legal agreement in which obligations, rights, remedies and considerations are outlined and established by law

Question 4

What are the two types of remedies?

Answer 4

Liquidated damages

Loss & expenses

Question 5

What is the rights to third party act 1999?

Answer 5

The Act which allows a third party member to adjust the contractual terms.

Question 6

What are the three terms for a contract to be created?

Answer 6

• intention- an outline of the scope of service that can be provided/ required - legally bound promises
• consideration- the sum of money given as a result of the service.
• agreement- the intention and consideration must be confirmed either written or orally by all members of the party

Question 7

What is a unilateral contract?

Answer 7

A contract in which there is a sum of money promised for the service.

Question 8

What is a bilateral contract?

Answer 8

This has a promised and a promisee. Both sides of the party complete a service in reward for the others.

Question 9

What is a STC?

Answer 9

Simple term contract ( contract made under hand)

- a 6 year liability from date of breach

Question 10

What is a deed?

Answer 10

A deed (contract made under seal) has a 12 year liability from date of breach.

Question 11

What are the two types of terms on a contract?

Answer 11

• Expressed terms- ones that are physically stated in the contract.
• Implied terms- ones that are not physically stated but may be inferred.

Question 12

Name 2 advantages of STC?

Answer 12

• Pitfalls/ error is contract have been legally settled and dealt with
• avoids early litigation (legal action)

Question 13

What is a disadvantage of using STC?

Answer 13

It is difficult to make modifications and would require a legal advisor

Question 14

What is the law of Tort?

Answer 14

The law that is concerned with civil wrong doing outside of the Contract law that may cause damage to the client or the clients property. Legally binds an architect to provide a duty of Care to the client. This is dealt with by the English Civil Law.

Question 15

What is the tort of negligence?

Answer 15

The Tort of negligence is a breach of the law of Tort as a result of a civil wrongs doing that has caused suffering to another party member

Question 16

What are the 3 types of planning application?

Answer 16

1. Pre-planning advice
2. Outlined Planning Application
3. Full Plans Application

Question 17

What are the two types of building regulation applications?

Answer 17

• full plans Application

- Building Notice

Question 18

What are the two reasons behind building regulations?

Answer 18

• health and safety

- to ensure environmental and economical development

Question 19

Name 3 planning legislations?

Answer 19

1. Planning and compulsory purchase Act 2004
2. Planning and compensations act 1991
3. Town and country planning Act 1990

Question 20

What does the term CONSENT mean in terms of planning permission?

Answer 20

That no work is permitted to start on site until official CONSENT is given

Question 21

What are the two types of building regulations applications?

Answer 21

Building Notice

Full plans application

Question 22

What does consent mean in terms of building regulations application?

Answer 22

That work may begin on site without consent at own risk

Question 23

What does consent mean in terms of planning application?

Answer 23

Strictly no work should take place on site until full official consent is provided

Question 24

What is repudiation?

Answer 24

When a contract is breached, repudiation is the process of terminating the contract and claiming compensation.