The principal areas of exclusive federal jurisdiction
- Admiralty
- Bankruptcy
- Patent and copyright
- Actions involving the United States
- Violations of federal criminal statues
Which legal process is used to uncover information in the hands of the other party
Discovery
LLC (Limited Liability Company)
a hybrid containing tax benefits of a partnership with the limited liability protections of a corporation
Workers’ Compensation
employees are guaranteed compensation without regard to fault, and cannot sue their employer in tort
Every contract must satisfy __ conditions to be enforceable
- An agreement between parties.
- Consideration.
- Formal requirements must be met.
- Promisor and a promisee.
- Offeror makes an offer to offeree.
Promissory Estoppel
makes a promise binding on the promisor
Exculpatory clauses
shields protected party from liability of own negligence
Liquidated damages
amount to cover damages incurred by the owner, from contractors failure to complete the work on time
Lost Profits
money lost because project was not completed on time.
The types of judicial remedies for contract breach
- Money award – judgments that state the defendant owes an amount of money.
- Specific performance – judgments that order the defendant to do something
- Injunction – judgments that specifically order the defendant to stop doing something.
- Declaratory judgment –judgments that declare the parties’ contract rights.
The primary options a court judgment seeks to do when it grants compensatory damages to an injured party
- Put the injured party in position, had there been no breach.
- Restore the injured party to position before performance.
- Prevent unjust enrichment.
The Tort actions applicable to the construction industry
- Negligence
- Misrepresentation
- Interference with contract
- Premises liability
- Liability of one who hires an independent contractor
- Products liability
The elements that a plaintiff must prove in order to establish a claim of negligence.
- The defendant owed a duty
- The defendant did not conform to required Standard of Conduct
- Casual connection between conduct and injury
- Defendant invaded a legally protected interest
The types of remedies for tort
- Compensatory Damages - compensate the plaintiff for the loss
- Punitive Damages - conduct that is intentional and deliberate
The principal functions of Tort Law
- To compensate victims
- To deter unsafe conduct
- To protect social norms
- To provide dispute
According to Tort law, who is the legal possessor of the job site during construction?
The prime contractor.
