What is providing money for a breach of contract also known as?
The provision of REMEDY
What are the two areas of civil law?
The law of contract
The law of Tort
What is a contract?
A legal agreement in which obligations, rights, remedies and considerations are outlined and established by law
What are the two types of remedies?
Liquidated damages
Loss & expenses
What is the rights to third party act 1999?
The Act which allows a third party member to adjust the contractual terms.
What are the three terms for a contract to be created?
- intention- an outline of the scope of service that can be provided/ required - legally bound promises
- consideration- the sum of money given as a result of the service.
- agreement- the intention and consideration must be confirmed either written or orally by all members of the party
What is a unilateral contract?
A contract in which there is a sum of money promised for the service.
What is a bilateral contract?
This has a promised and a promisee. Both sides of the party complete a service in reward for the others.
What is a STC?
Simple term contract ( contract made under hand)
- a 6 year liability from date of breach
What is a deed?
A deed (contract made under seal) has a 12 year liability from date of breach.
What are the two types of terms on a contract?
- Expressed terms- ones that are physically stated in the contract.
- Implied terms- ones that are not physically stated but may be inferred.
Name 2 advantages of STC?
- Pitfalls/ error is contract have been legally settled and dealt with
- avoids early litigation (legal action)
What is a disadvantage of using STC?
It is difficult to make modifications and would require a legal advisor
What is the law of Tort?
The law that is concerned with civil wrong doing outside of the Contract law that may cause damage to the client or the clients property. Legally binds an architect to provide a duty of Care to the client. This is dealt with by the English Civil Law.
What is the tort of negligence?
The Tort of negligence is a breach of the law of Tort as a result of a civil wrongs doing that has caused suffering to another party member
What are the 3 types of planning application?
- Pre-planning advice
- Outlined Planning Application
- Full Plans Application
What are the two types of building regulation applications?
- full plans Application
- Building Notice
What are the two reasons behind building regulations?
- health and safety
- to ensure environmental and economical development
Name 3 planning legislations?
- Planning and compulsory purchase Act 2004
- Planning and compensations act 1991
- Town and country planning Act 1990
What does the term CONSENT mean in terms of planning permission?
That no work is permitted to start on site until official CONSENT is given
What are the two types of building regulations applications?
Building Notice
Full plans application
What does consent mean in terms of building regulations application?
That work may begin on site without consent at own risk
What does consent mean in terms of planning application?
Strictly no work should take place on site until full official consent is provided
What is repudiation?
When a contract is breached, repudiation is the process of terminating the contract and claiming compensation.
