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49 Cards in this Set
- Front
- Back
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The Law |
rules which will berecognised by and enforced by the Courts of the nation. |
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Statute Law |
Laws created by the government of the nation |
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legislation |
Laws created by the government of the nation
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Common Law |
Law made common to all members of a nation |
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Legislative Process |
1.First Reading 2.Second Reading 3.Committee Stage 4.Bill is reported back to parliament 5.Third Reading 6.Signed by the Governor 7.Written into statute law |
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Proposal for an Act |
can arise from an election promise, be proposed bya Government Department or a private Member of Parliament. It could alsooriginate from outside government circles, for instance from an industry group,environmental lobby. |
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Member of Parliament |
Members are elected for a 3 year term and when in parliament take part in debate on proposed laws and public policy, representing the views of the people in their electorate. |
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Draft Bill |
1.Proposal for an Act 2.Cabinet discussion 3.General discussion 4.Drafted for parliamentary reading |
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State Parliament |
To make Laws at the state level To represent the people To provide a forum for debate |
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Federal Parliament |
To make Laws at the country level To represent the people To provide a forum for debate |
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Royal Assent |
the method by which a country's constitutional monarch(possibly through a delegated official) formally approves an act of that nation's parliament |
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Exclusive powers |
certain powers that only the state governments have |
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High Court |
the supreme court in the Australian court hierarchy and the final court of appeal in Australia. |
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Blackstone Principle |
If an uninhabited country be discovered and planted by English subjects, all the laws then in being, which are the birthright of every subject, are immediately there in force. |
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legal entity |
An association, corporation, partnership or individual that has legal standing in the eyes of law. |
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common mind |
all parties must intend to enter into the contract, they must have the same understanding of what is required of each by the contract. |
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preliminary negotiations |
Inquiries or general discussions of potential contract terms
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invitation to treat |
an action inviting other parties to make an offer to form a contract.
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offer |
an expression of willingness to contract on certain terms
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counter offer |
an offer made in response to a previous offe
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implied offer |
An offer that is not explicit but applies due to context |
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offeror |
The person making the offer
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offeree |
The person receiving the offer
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revocation |
an offer can be revoked by the offeror
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irrevocable offer |
a contract to keep the offer open for a specified period of time.
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acceptance |
the way in which thatconsideration is given |
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consideration |
something of value from allparties
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legal capacity |
Minors or bankrupt people don't have the legal capacity to enter into contracts
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breach |
when a party fails to fulfill terms of the contract
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specific performance |
The Court can order the defaulting party to fulfill its obligation
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termination |
If the breach of contract is very serious the contract may be terminated. Under these conditions theinjured party can sue the defaulting party |
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Lump Sum |
fixed price bid (includes profit) |
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Unit Price |
bidding is a unit rate per stated measure (eg cubicmetre) for each item in the schedule |
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Cost Plus |
reimburse cost of labour & material plus profit as agreed percentage of costs or fixed fee |
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"Instruction to Bidders” |
further information onwhich bidders will decide whether or not to prepare a bid. |
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tender |
make a detailed estimate ofthe labour, materials and other costs involved in doing the work |
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contractagreement |
The owner and thesuccessful contractor sign a document, the contract, inwhich the contractor promises to do all of the work and meet all of theconditions specified |
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technical specification |
These Range from Detailed specifications to Performance specifications of the item |
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generalconditions |
the conditions that coverthe commercial/legal aspects of the contract |
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defects liability |
A defects liability period is a set period of time after a construction project has been completed during which a contractor has the right to return to the site to remedydefects |
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default |
a failure to do that which is anticipated, expected, or required in a given situation. |
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dispute resolution |
two types litigation or arbitration |
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arbitration |
form of alternative dispute resolution (ADR), is a technique for the resolution of disputes outside the courts. The parties to a dispute refer it to arbitration by one or more persons |
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variations |
A variation is a change to a contract. |
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insolvency |
the state of being unable to pay the money owed |
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prequalification |
contractors may need to have a certain minimum level of technical competence, financing backing, equipment and/or relevant experience before their tender will even be considered. |
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security deposit |
To reduce the occurrence of sham bids bidders are required to deposit a substantial sum of money with their tender. |
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bond |
intended to protect the owner in case thecontractor fails to meet all his obligations under the contract. |
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collusive tendering |
a situation in which companies share information illegally among themselves when offering to supply goods or services, in order to control the price
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