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A type of contract, a legally binding agreement between two parties to do a certain thing, in which one side has all the bargaining power and uses it to write the contract primarily to his or her advantage. |
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a person who acts on behalf of another |
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implied ability of an individual to make a legally binding contract on behalf of an organization, by way of uniform or interaction with the public on behalf of that organization |
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The legal authority a person has as the result of a law or contract |
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anticipatory breach; In contracts, a declaration in which one party stops performing his/her obligations |
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an insurance policy held by a company, which protects against losses resulting from circumstances such as bankruptcy or misconduct by employees |
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BREACH OF STANDARD OF CARE |
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In tort law, the standard of care is the degree of prudence and caution required of an individual who is under a duty of care. |
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Capacity to contract means the legal competence of a person to enter into a valid contract. |
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an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed |
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one person's compliance with the terms of an offer made by another |
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anything of value promised to another when making a contract |
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a contract cannot confer rights or impose obligations arising under it on any person or agent except the parties to it; the premise is that only parties to contracts should be able to sue to enforce their rights or claim damages as such |
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A clearly recognizable pattern of previous conduct between parties to a business transaction |
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A term used generally to refer to architects; civil, structural, mechanical, electrical, plumbing, and heating, ventilating, and air conditioning engineers; interior designers; landscape architects; and others whose services have wither traditionally been considered "professional" activities, require licensing or registration by the state, or otherwise require the knowledge and application of design principles appropriate to the problem at hand. |
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threats, violence, constraints or other action brought to bear on someone to do something against their will own better judgment |
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a task or action that a person is bound to perform for moral or legal reasons |
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A legal principle that bars a party from denying or alleging a certain fact owing to that party's previous conduct, allegation, or denial |
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parties seeking to indemnify the indemnitee from the consequences of its own negligence must express that intent in specific terms [and] the intent of the parties must be specifically stated within the four corners of the contract |
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An individual in whom another has placed the utmost trust and confidence to manage and protect property or money. The relationship wherein one person has an obligation to act for another's benefit. |
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a person who contracts for and assumes responsibility for completing a construction project and hires, supervises, and pays all subcontractors |
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impossible in practice to do or carry out |
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security against or exemption from legal responsibility for one's actions |
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In such contracts one party gives as consideration a promise that is so insubstantial that it would not result in or impose any obligations |
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the action of reducing the severity, seriousness, or painfulness of something |
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An error of both parties to a contract, whereby each operates under the identical misconception concerning a past or existing material fact |
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failure to use reasonable care, resulting in damage or injury to another |
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the substitution of a new contract in place of an old one |
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make null and void; invalidate |
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a sequential hierarchy of nominal importance of items; used/referred to when two or more conflicting cannot be harmonized |
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a person who owns something |
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Verbal evidence, such as the testimony of a witness at trial |
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relation between two parties that is recognized by law, such as that of blood, lease, or service |
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sign or give formal consent to (a treaty, contract, or agreement), making it officially valid |
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the revocation, cancellation or repeal of a law, order, or agreement |
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the action or process of reforming an institution or practice |
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refusal to fulfill or discharge an agreement, obligation, or debt |
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the restoration of someting lost or stolen to its proper owner |
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The amount that a construction company is owed but is not paid until a project is completed and passes muster with the client |
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if a reasonable person would be satisfied by the promisee's performance, regardless of whether the promisor himself asserts he is satisfied |
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A type of state law, modeled after an old English Law, that requires certain types of contracts to be in writing |
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A type of federal or state law that restricts the time within which legal proceedings may be brought |
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a business or person that carries out work for a company as part of a larger project |
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a personal who takes responsibility for another's performance of an undertaking, for example their appearing in court or the payment of a debt |
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a place where something happens, especially an organized event such as a concert, conference, or sports event |
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