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123 Cards in this Set
- Front
- Back
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What is an express term included in a contractwhich gives one or other party the right to terminate the contract called |
A forfeiture clause |
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1. What does a plaintiff have to prove ina case ofbreach of contract? |
a. Privityb. Breachc. Damaged. Relevance |
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1. When a party fails to comply with their contractobligations they are said to be what? |
a. In breach of contract |
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1. What name is given to the person who providesthe following service in the connection with the resolution of a constructiondispute?Thisperson operates as a kind of shuttle diplomacy between the parties. He or shetries to identify common ground and constantly urges the parties to negotiate asettlement but does not offer any advise to the parties |
a. A conciliator |
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1. What are a group of people who review disputesas they arise called |
a. A dispute resolution board |
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1. Do the specific details of a builders lien veryfrom province to province in Canada |
a. Yes |
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1. What standard of care is required ofprofessional like technologist and engineers in their work? |
a. The work needs to meet the recognized standardof their profession |
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1. If the owner failed to pay the contractor on aproject, which type of bond would help a subcontractor the most in its questfor payment on the project? |
a. A labour and material payment bond |
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1. When will the court award punitive damages/ |
a. If they consider the conduct of the defendant tobe particularly objectionable (or if they want to punish the offender) |
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1. Are lawyers required for arbitration |
a. No |
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1. Who presides over an arbitration? |
a. An arbitrator |
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1. Can employees be paid out under a labour andmaterials bond? |
a. Yes |
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1. Can a single act be both a breach of contractand a tort? |
a. Yes |
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1. What is the first step you have to take in orderto exercise your lien rights in Alberta? |
a. Register the lien at the land titles office. |
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1. Can an employer be held responsible for tortscommitted by an employee who is using a company vehicle without permission? |
a. Yes |
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1. Can you be prosecuted for registering a lienagainst the wrong property? |
a. Yes |
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1. How do the courts determine the recognizedstandards for professional duty of care? |
a. Expert witness will testify |
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1. An appeal from a small claims court would beheard in which of these courts? |
a. General division court or courts of queens bench |
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1. What is the most common breach by an owner in aconstruction contract? |
a. Failure to pay |
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1. Under the terms of a normal construction suretybond, what is the legal term for the contractor? |
a. Principal |
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1. What kind of mistake occurs if each party has adifferent interpretation of the contract? |
a. Mutual mistake |
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1. By signing a contract, might the parties bepre-agreeing to use arbitration to settle their disputes? |
a. Yes |
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1. What are liquidated damages? |
a. A pre-estimate of the damages that would besuffered if there was a breach of contract |
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1. What is the purpose of damages in a breach ofcontract case? |
a. To provide compensation to the victims of breach |
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1. What does it mean if a court decides damages aretoo remote? |
a. The link between the event and the damages istoo long |
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1. If their contract does not refer to arbitrationcan the parties later agree to use arbitration to settle their dispute? |
a. Yes |
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1. Can liens be registered against a project if theowner is merely leasing the property involved? |
a. Yes |
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1. What purpose is served by the face value of abid bond? |
a. It defines the maximum liability of the surety |
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1. Under tort what does vicarious liability refer to? |
a. Liability of an employer for the actions of anemployee |
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1. When is the minor lien fund released? |
a. 45 days after final completion of the project or45 days after the contract ends |
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1. When does entitlement to a lien arise? |
a. When work is started or material fist deliveredto site |
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1. Under the terms of a normal construction suretybond how many indemnities are involved? |
a. 3 |
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1. What is the minor lien fund? |
a. The holdback on payments made after substantialcompletion of the project |
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1. What are the clauses used by professionals tolimit their responsibility under tort? |
a. Exculpatory clauses |
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a. Exculpatory clauses2. What case established the principle that thefinal user of a building can claim against the original builder or designer, ifthe structure is found to be defective? |
a. Winnipeg condo |
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1. What is it called when a party indicates they nolonger consider themselves to be bound by the contract? |
a. Repudiation |
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1. When is lien holdback due for payment? |
a. 45 days after substantial performance |
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1. If a letter of intent can be interpreted as anacceptance of the contractor’s bid, could the letter create a contract? |
a. Yes |
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1. Can a party to a construction contract be forcedto use arbitration to settle its dispute? |
a. No |
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1. What are the two categories of tort? |
a. Intentional and unintentional |
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1. Are there situations in which the parties to aconstruction contract dispute may be better off going directly to court ratherthan using arbitration? |
a. Yes |
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1. Can employees be found personally liable undertort? |
a. Yes |
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1. Does the statute of limitations apply toarbitration |
a. Yes |
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1. What three things have to be proven in court tosucceed in a tort case? |
a. The defendant owed a duty of care, that theybreached the duty of care, that the breach caused injury or loss |
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1. What are builders; lien rights a claim against? |
a. The owner’s interest in the land |
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1. Under tort can you be liable for damages ifyou’ve been very careful? |
a. Yes |
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1. Do lien rights on construction project derivefrom common law lien principles |
a. No |
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1. How much time do you have to file a certificateof lis pendens after registering a lien? |
a. 180 days |
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1. Is an innocent employer vicariously liable forthe negligent acts of an employee? |
a. Yes |
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1. If an unforeseen event makes it impossible tocomplete a contract, the contract may be discharged by what means? |
a. Frustration |
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1. Where are arbitrations are usually held? |
a. A neutral location (ie hotel) |
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1. Under the terms of a normal construction suretybond, who is the principal? |
a. The contractor |
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1. When the parties complete all their obligationsunder the contract, the contract ends naturally it is said to be terminate bywhat? |
a. Performance |
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1. What three pieces of information are requiredfor you to file a lien? |
a. The full name of the owner, the municipaladdress of the site, the legal address of the site |
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1. Can a single act be both a criminal act and atort? |
a. Yes |
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1. Is arbitration always binding? |
a. No, you can have non-binding arbitration |
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1. Who controls the outcome of a mediation? |
a. The parties to the dispute |
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1. What is a solicitor? |
a. An office lawyer |
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1. What is a major term of a contract called? |
a. Condition |
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1. Would a victim of tort be able to claim damagesfrom the offender even if he or she suffered only a financial loss from thetort (an no personal or property damage) |
a. Yes |
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1. What does capacity to a contract mean? |
a. The competence to enter into a legally bindingcontract |
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1. Is an airport project lienable |
a. No |
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1. How is a gratuitous promise different from acontract |
a. Consideration flows only in one direction |
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1. Do liens take priority over pre-registeredmortgages on a property? |
a. No |
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1. What is the CCDC 2 2008 form of contract? |
a. It is a standard stipulated lump-sum contract |
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1. What is the value of a lien fund? |
a. 10% of the value of work done by the contractorplus any additional sum owing but unpaid to the contractor |
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1. Which form of ADR can be described as a processof assisted negotiation |
a. Mediation |
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1. In Canada, are qualified lawyers both barristersand solicitors? |
a. Yes |
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1. What is the role of tort law? |
a. Compensate victims for harm suffered from theactivates of others |
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1. Do architects and engineers who worked on thedesign of the project have lien rights? |
a. Yes |
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1. From whom may a surety recover funds if they payout under the terms of a bid bond? |
a. The contractor and any 3rd partyguarantors |
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1. What should the owner do when it is notifiedthat a lien have been filed against its project? |
a. Pay into court the holdback funds |
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1. What does a bid bond guarantee a contractor willdo? |
a. Sign the contract if awarded the job |
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1. What is typically granted as damages under a bidbond |
a. Difference between bid price and price owner nowcontracts for the work plus possible delay and re-bid expenses |
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1. Where do you go to register a lien? |
a. Land titles office |
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1. According to the CCDC 2 form of contract doesthe contractor have the right to require the owner to provide evidence thatadequate financial arrangements have been made? |
a. Yes |
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1. What is it called when an offender is ordered bythe court to perform their obligations? |
a. Specific performance |
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1. If you make a mistake in the paperwork when youregister a lien, is the lien still valid? |
a. No |
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1. Under the terms of a normal construction suretybond, what is the legal term for the owner? |
a. Obligee |
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1. What is the drop deal limitation period inCanada? |
a. 10 years |
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1. When does lien entitlement arise? |
a. When the work begins (or when an improvement ismade to the land) |
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1. If a contract has to be written to beenforceable, does agreement to end the contract also have to be written beforeit is valid? |
a. No |
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1. What are damages which arise naturally from abreach called? |
a. Direct damages |
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1. What is the monetary compensation called fromthe offender to the injured party called? |
a. Damages |
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1. Are arbitrations hearing required to followroughly the same formal procedures as court cases? |
a. No |
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1. Who chooses the date for an arbitration? |
a. The parties to the dispute |
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1. What three types of damages resulting from thetort of negligence can victims claim for? |
a. Damage to their property, financial losses theysuffered, compensation for injuries they suffered |
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1. What standard of care is required ofprofessional like technologist and engineers in their work? |
a. The work need to meet the recognized standardsof their profession |
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1. What is a form of alternate dispute resolutionwhere a neutral gets each party’s bottom line and informs them if they areclose to overlapping |
a. Confidential listening |
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1. What is the burden of proof in civil cases? |
a. Balance of probabilities |
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1. What is described as a kind of shuttle diplomacywhere a neutral party acts aa go-betweens? |
a. Conciliation |
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1. Does an agreement to end a sealed contract alsohave to be sealed to be effective? |
a. No |
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1. Can a single act be both a breach of contractand a tort? |
a. Yes |
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1. Do the specific details of builders’ liens veryfrom province to province in Canada? |
a. Yes |
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1. What are clauses in contracts that anticipatefrustrating circumstances and specify remedies called? |
a. Force majeure clauses |
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1. According to the principles established in theron engineering case, when does contract B come into existence? |
a. When the owner awards the contract for the workto the contractor |
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1. What is misrepresentation |
a. A false statement of fact |
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1. What is the most common reason for payout undera bond? |
a. Bankruptcy of the contractor |
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1. Is a consent of surety a type of bid bond? |
a. No |
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1. According to the theory of precedent is thesupreme court of Canada bound to follow its own precedents? |
a. No |
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1. Whatdoes it mean if a court decides damages are ‘too remote’? |
a. The link between the event and the damages istoo long |
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1. Underthe normal terms of a construction surety bond, who is the principal |
a. The contractor |
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1. Canemployees be paid out under a labour and materials bond? |
a. Yes |
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1. Whatis the purpose of maintenance bond? |
a. To guarantee a contractor will comply with theextended warranty of a contract |
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1. Whatis the fundamental purpose of construction surety bonds? |
a. To provide a guarantee to the owner that hecontractor will meet its obligations to the owner |
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1. Whatis the fundamental purpose of construction surety bonds? |
a. To provide a guarantee to the owner that hecontractor will meet its obligations to the owner |
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1. Whatis a surety? |
a. A bonding company |
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1. Whatis the purpose of damages in a breach of contract case? |
a. To provide compensation to the victims of breach |
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1. Whatare liquidated damages? |
a. A pre-estimate of the damages that would besuffered if there was a breach of contract |
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1. Whatis the most common breach by an owner in a construction contract? |
a. Failure to pay |
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1. Whena party fails to comply with their contract obligations they are said to bewhat? |
a. In breach of contract |
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1. Whatdoes a plaintiff have to prove in a case of breach of contract? |
a. Privity, breach, damage, relevance |
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1. Whendoes termination of a large construction contract by performance usuallyoccure? |
a. When all the contract warranties have expired |
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1. Howwould an owner be in breach of contract A |
a. By not being fair to the biddres |
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1. Ifa party is doing something that is contrary to the terms of a contract, how canthe other party get the first party to cease this activity> |
a. Byobtaining an injundtion from the court |
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1. Whatis a minor term of a contract called? |
a. Warranty |
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1. Whatkind of mistake occurs if each party has a different interpretation of thecontract? |
a. A mutual mistake |
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1. Isrescission available to a party who has accepted the benefits of a contract ifthere has been negligent misrepresentation? |
a. No |
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1. Whatis a barrister? |
a. A court lawyer |
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1. Whichbreach of the law concerns the conduct of government and the relationshipbetween the state and the individual? |
a. Public law |
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1. Whatare two possible reasons a court may have for not enforcing a particularstatute law? |
a. If the statute is not consistent with the charterof rights of if the statute is not within the powers of the legislature thatenacts it |
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1. Whatis the name of he leading case in Canada on the law relating to generalcontractors bid |
a. Ron engineering case |
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1. Accordingto the CCDC 2 contract, what is the contractor required to submit to theconsultant for approval at least 15 days before the first billing on a project |
a. A schedule of values |
