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41 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Contract types |
Lump sum Schedule of rates Cost plus Design and construct Management |
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DEFINITION: what is a contract? |
An enforceable bargain between two parties |
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Distinct features of a contract? |
Objective terms courts look at Privity doctrine Remedies Unique legal relationships |
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Contract formation |
Offer Acceptance Consideration Intent |
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Enforceability |
Capacity Certain terms Legality Formality Vitiating factors |
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Enforceability |
Capacity Certain terms Legality Formality Vitiating factors |
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DEFINITION: terms |
Expressly stated or written. Must be a promise |
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Enforceability |
Capacity Certain terms Legality Formality Vitiating factors |
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DEFINITION: terms |
Expressly stated or written. Must be a promise |
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Termination |
Agree to terminate Performance / just do it Breach Frustration Repudiation |
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Enforceability |
Capacity Certain terms Legality Formality Vitiating factors |
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DEFINITION: terms |
Expressly stated or written. Must be a promise |
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Termination |
Agree to terminate Performance / just do it Breach Frustration Repudiation |
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Remedies for a breach |
Elect to continue Claim damages Claim for work done/ quantum meriut Specific performance |
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Enforceability |
Capacity Certain terms Legality Formality Vitiating factors |
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DEFINITION: terms |
Expressly stated or written. Must be a promise |
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Termination |
Agree to terminate Performance / just do it Breach Frustration Repudiation |
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Remedies for a breach |
Elect to continue Claim damages Claim for work done/ quantum meriut Specific performance |
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DEFINITION: what is a tort? |
Civil wrong done against a legally recognised duty to another |
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Enforceability |
Capacity Certain terms Legality Formality Vitiating factors |
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DEFINITION: terms |
Expressly stated or written. Must be a promise |
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Termination |
Agree to terminate Performance / just do it Breach Frustration Repudiation |
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Remedies for a breach |
Elect to continue Claim damages Claim for work done/ quantum meriut Specific performance |
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DEFINITION: what is a tort? |
Civil wrong done against a legally recognised duty to another |
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Negligence |
Duty of care Breach Damages No defence |
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Enforceability |
Capacity Certain terms Legality Formality Vitiating factors |
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DEFINITION: terms |
Expressly stated or written. Must be a promise |
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Termination |
Agree to terminate Performance / just do it Breach Frustration Repudiation |
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Remedies for a breach |
Elect to continue Claim damages Claim for work done/ quantum meriut Specific performance |
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DEFINITION: what is a tort? |
Civil wrong done against a legally recognised duty to another |
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Negligence |
Duty of care Breach Damages No defence |
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3 types of torts |
Negligence Trespass Private Nuisance |
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Enforceability |
Capacity Certain terms Legality Formality Vitiating factors |
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DEFINITION: terms |
Expressly stated or written. Must be a promise |
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Termination |
Agree to terminate Performance / just do it Breach Frustration Repudiation |
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Remedies for a breach |
Elect to continue Claim damages Claim for work done/ quantum meriut Specific performance |
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DEFINITION: what is a tort? |
Civil wrong done against a legally recognised duty to another |
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Negligence |
Duty of care Breach Damages No defence |
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3 types of torts |
Negligence Trespass Private Nuisance |
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3 types of liability |
Occupiers liability Vicarious Proportionate |
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3 types of Dispute resolution |
Mediation Conciliation Commercial arbitration |
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