Week 1 Flashcards
What is a Contract?
Promise:
- between capable parties
- creates obligation
- enforceable by law
Dispute hearing:
- is it a contract?
- if so, what is the exact meaning of the working
Types of Laws
Public Law:
- Criminal law
- Revenue and taxation law
Private Law:
- Contract law
- Law of tort (Happiness)
International Law
Sources of Law
Statute Law:
- Building act
- Health and Safety
- Construction contracts
Common law
Secundary Law (codes, standards, regulations)
By-laws
What is the purpose of Building Act
- Performance Standard
- Safe
- Evacuation
- Sustainable
What is the purpose of CPEng
Mark of Quality
Registered System
Code of ethics, disciplinary
what is the purpose of Contracts
Protection
Fair and balanced
fast and effective dispute resolution
enforcement
what is Privity of Contract
The relation between two contracting parties - only the person who is a party of the contract can sue on it
what are the 2 forms of contract
Contract
Deed - Covenant
Contract elements
Offer
acceptance
consideration
capacity
legality
intention to be bound
consent
what is an offer
a promise
expressed or implied
intend to be in a binding obligation
time dependency
revocable
what are offer revocations
withdraw before acceptance
Schedules revocation “Good until”
Offer revoked by counter-offer
what is a Quote
an offer to do the job, quoting person is bound by the offer
should include: work type, dates, rates and costs.
How do you accept an offer
Formal notification
placing an order
standard of industry
reliance
tacit acceptance
what does Capacity mean in terms of contract law
whether the person have ability to enter contracts
- age
- unintoxicated
what is the reality of Consent
Mistake - e.g. wrong calculation (common practise is to accept)
Misrepresentation
Duress
what are the Interpretation aspects of a contract
Implied vs expressed
correspondence
Language
Exclusion