Flashcards
Law Terminology
Cards in this deck (30)
- 1The Theory of PrecedentApplication of legal principles established in previous court decisions
that involve similar or analogous facts
(PAGE 2) - 2LegislationStatutes enacted by an enacted legislature
(PAGE 2) - 3StatuteA codification of the law as the legislature determines at the time of enactment
(PAGE 2) - 4LitigationA lawsuit
(PAGE 9) - 5PlaintiffIn civil litigation- the party bringing the action or making the claim in the lawsuit
In criminal matters- usually the Crown
(PAGE 9) - 6DefendantThe party defending the action or whom against the claim has been made-
sometimes called the accused
(PAGE 9) - 7AppellantThe party appealing the decision of a lower Court, in either civil litigation or criminal matters
(PAGE 9) - 8RespondantThe party seeking to uphold a decision of the lower Court that is being appealed
PAGE 9 - 9Privity of ContractDescribes the legal relationship between parties to a contract
(PAGE 9) - 10CreditorA party to whom an amount is owing
(PAGE 9) - 11DebtorA party that owes an amount to a creditor
(PAGE 9) - 12IndemnificationA promise to directly compensate or reimburse another party for a loss or cost incurred- similar to a guarantee
(PAGE 9) - 13TortGenerally refers to a private or civil wrong or injury, one that involves negligence and that may arise independently of contract
(PAGE 37) - 14DefamationA type of tort, where the reputation of the plaintiff is damaged by untrue public statements
Broken into two classifications:
1) Libel- written statements
2) Slander- verbal statements
(PAGE 64) - 15Occupier's LiabilityThe occupier of property must exercise the required standard of care to ensure the safety of individuals coming onto that property (ie. duty of care)
(PAGE 64) - 16Concurrent TortfeasorsThe defendants in a tort case
(PAGE 55) - 17Contractual BenefitsRights arising pursuant to the contract
(PAGE 80) - 18OfferA promise made by one party to another
(PAGE 81) - 19ConsiderationThe cause, motive, price, or impelling influence that induces a contracting party to enter into a contract
Something of value that is exchanged by contracting parties
(PAGE 32, 82) - 20Equitable EstoppelThe relief of a party that relies upon the gratuitous promise, when the terms of contract are amended without the consideration that would make the amending promise enforceable (also called promissory)
(PAGE 92) - 21Contract AContract that deals with the tendering process and regulations
(PAGE 125) - 22Contract BThe contract that is formed on the award of the contract that addresses the substance of the work or services to be performed
(PAGE 121) - 23Rule of Contra ProferentemA contract rule of interpretation that underscores the importance of clear and unambiguous language in the drafting of contracts
Where a contract is ambiguous, it will be construed or interpreted against the party that drafted the provision
(PAGE 136) - 24Parol Evidence RuleThe contract law that precludes evidence of the omitted condition (ie. conditions that are agreed upon verbally but not included in the contract, the condition is not formally a part of the contract)
(PAGE 136) - 25Force Majeure ProvisionA clause that usually provides that time for completion will be extended in the event of war, riot, insurrection, floor, labour dispute, or other events that arise beyond control of either party
(PAGE 142) - 26ConditionAn obligation essential or vital to the contract
(PAGE 145) - 27WarrantyAn obligation that is not essential to the contract
(PAGE 145) - 28RepudiationWhen one party to a contract expressly tells the other party that he or she has no intention of performing the contractual obligations
(PAGE 146) - 29Direct DamagesCaused by a breach of contract, are related to the contract such as additional costs required to fulfill the breached obligations
(PAGE 148) - 30Indirect DamagesAny other damages suffered by the innocent party as a result of the breach, including lost wages, loss revenues, fines, etc
(PAGE 148)
Information
- Description
- Engineering Society Law Terminology quiz definitions, as well as page location inside the textbook
- Created by
- Kathryn D · Jul 2017
- Updated
- Jul 26, 2017
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- 108
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