Term
| what are contracts disputes? |
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Definition
| are problem that can lead to court but mostly everyone agrees settlement by negotiation. |
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Term
| WHAT ARE THE 4 MAIN SHORTCOMING OF GOING TO COURT? |
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Definition
* LEGAL FEES MAY BE VERY EXPENSIVE
* LONG TERM BEFORE SETTLEMENT IS REACHED
* UNCERTAINTY OF FINAL OUTCOME
* STRESS AND STRAIN ON PARTIES INVOLVED |
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Term
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Definition
| IT IS A PROCESS OF ASSISTED NEGOTIATION THAT CAN HELP RESOLVE CASE IN A MUTUAL AGREEABLE WAY (WITHOUT GOING TO COURT) |
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Term
| DOES THE MEDIATOR REMAIN NEUTRAL? |
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Definition
| YES, THE MEDIATOR REMAINS NEUTRAL. |
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Term
| 3 GOOD THINGS ABOUT MEDIATION? |
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Definition
* OFFERS PARTIES TO GAIN GRATER INSIGHTS INTO THEIR DISPUTE.
* REDUCES STRESS
* LEAD TO HIGH QUALITY, POSITIVE OUTCOME. |
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Term
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Definition
| A PRIVATE, EXTRAORDINARY JUDGE CHOSEN BY THE PARTIES. |
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Term
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Definition
A METHOD OF SETTLING DISPUTES WITHOUT GOING TO COURT.
*PARTIES AGREE TO USE ARBITRATION, NO PARTY CAN BE FORCED TO USE ARBITRATION. |
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Term
| WHEN AN ARBITRATION CAN BE APPEAL? |
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Definition
*MISCONDUCT OF ARBITRATOR
* THE AWARD IS BASED ON A "MANIFEST DISREGARD FOR THE LAW. |
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Term
| ARBITRATION VS. LITIGATION |
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Definition
* ARBITRATION IS NOT SUBJECT TO THE REVIEW OF AN APPEAL COURT TO THE SAM DEGREE
* ARBITRATION IS PRIVATE, LITIGATION IS PUBLIC. |
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Term
| WHAT DOES A CONCILIATOR DOES? |
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Definition
* DIPLOMACY BETWEEN PARTIES
* TRIES TO IDENTIFY COMMON GROUND
* URGES PARTIES TO NEGOTIATE
* DOES NOT OFFER ADVISE TO THE PARTIES. |
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Term
| WHAT DOES ADR STANDS FOR? |
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Definition
| ALTERNATIVE DISPUTE RESOLUTION |
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Term
| ALTERNATIVES TO COURT ACTIONS |
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Definition
* CONCILIATION
* MEDIATION
* MINI-TRIAL( BY MANAGERS AND LAYERS)
* NEUTRAL CASE EVALUATION((BY A SENIOR LEGAL AUTHORITY) |
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Term
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Definition
* A BOARD REVIEW A DISPUTES AS THEY ARISE
* participates IN BI-WEEKLY
* PROVIDES ADVISE BEFORE IT BECOMES A DISPUTE |
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Term
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Definition
The civil code
Common law and Equity |
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Term
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Definition
| Relationship between the state and individual. |
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Term
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Definition
| Civil cases that concern the relationship between persons |
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Term
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Definition
Administrative law
Statute law
Case law |
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Term
| What are the courts in the inferior provincial courts |
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Definition
Youth court
provincial court criminal division
provincial court-Civil division |
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Term
| Superior provincial courts |
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Definition
General division court
Surrogate court |
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Term
| What are the courts of appeal |
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Definition
General division court
provincial court
federal court
supreme court of canada |
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Term
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Definition
| The party that brings the case to court |
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Term
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Definition
| The party who defends against the action of the plaintiff |
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Term
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Definition
| The party who appeals the court decision |
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Term
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Definition
| The party who seeks to uphold decision that has been appealed |
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Term
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Definition
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Term
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Definition
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Term
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Definition
| Decided the case on the arguments and evidence presented in court. |
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Term
| IN COURT WHATS THE LIMITATION PERIOD? |
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Definition
2 years of knowing the basis of the claim
10 years of the claim arising |
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Term
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Definition
| Is a private arrangement entered into voluntarily by at least two persons for the purpose of creating legal obligations between them which are capable of being enforced by a court of law. |
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Term
| List 6 requirements of enforceable contract |
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Definition
Genuine agreement
capacity
intention
consideration
lawful intent
formalities |
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Term
| What is considered as an offer |
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Definition
| A conditional promise which, when accepted , forms a contract |
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Term
| What is a unilateral contract |
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Definition
| When an offer is accepted by indication if action rather than words |
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Term
| When will and offer lapse |
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Definition
After a specified time
after a reasonable time
Upon the death of the offeror |
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Term
| Who is restricted to enter into contracts |
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Definition
Infants (person under 18)
Mentally impaired
The crown (the queen)
Corporations
Partnerships |
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Term
| Can a letter of intent form a contract |
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Definition
| it maybe worded so that it is an acceptance of an offer in which case it would create a contract |
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Term
| what makes a contract not enforceable? |
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Definition
Duress
Undue influence
Fraud involved. |
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Term
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Definition
| Is when both parties make the same mistake |
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Term
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Definition
| Parties have different interpretations |
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Term
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Definition
| One party knows that the other is mistaken |
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Term
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Definition
| a written contact cannot be added to or changed by outside evidence |
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Term
| interpretation oh a contract |
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Definition
| Court determines intention of the parties as expressed in their agreement |
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Term
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Definition
| Canadian Construction Documents Committee |
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Term
| What are the contract documents in order |
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Definition
Agreement
Agenda
Contract definitions
Supplementary conditions
General conditions
specifications
Drawings |
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Term
| what are the 8 articles in the agreement |
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Definition
The work
agreement
contact documents
contract price
payment
three remaining articles |
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Term
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Definition
general provisions
Administration of contract
execution of the work
Allowances
payment
changes in the work |
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Term
| what takes precedence over general conditions |
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Definition
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Term
| Does CCD2 allow interim payments? |
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Definition
| YES, but non completion of the work( or failure to comply with the contract requirements) gives the owner grounds to withhold payment |
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Term
| when is a contractor required to submit schedule of value for the consultant approval |
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Definition
| at least 15 days before first payment application |
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Term
| when is a consultant issue certificate of payment to the owner |
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Definition
| has to be with in 10 days of contractors monthly application payment |
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Term
| when is the owner required to make payment |
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Definition
| 20 days after the consultants receipt of the contractors application for payment |
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Term
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Definition
| is an agreement to change the contract for agreed amount after following a specified procedure |
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Term
| What is a change directive |
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Definition
| Authorizes the contractor to proceed with a particular change before a price is agreed |
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Term
| list the ways how a contract can end |
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Definition
Rescission
Performance
Agreement
Repudiation
Forfeiture
Frustration
breach of contract |
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Term
| how long is a CCDC contract |
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Definition
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Term
| If one party is reluctant to end contract, they induce it into? |
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Definition
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Term
| An express term which gives one or other party the right to terminate the contract |
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Definition
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Term
| when can owner terminate a contract |
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Definition
if a contractor goes bankrupt
contractor neglects to do the work properly
contractor fails to promptly correct a defect |
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Term
| When can a contractor terminate a contract |
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Definition
IF the owner goes bankrupt
when project is delayed 20 working days and not contractors fault
When owner fails to pay the contractor |
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Term
| what does frustration of contract mean? |
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Definition
| Means an event that is unpredictable and beyond the control of the parties. |
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