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5 Written questions

5 Matching questions

  1. Breach
  2. Assumption of Risk
  3. Bid Bond
  4. Strict Liability
  5. Mutual Assent
  1. a a failure to perform some promised act or obligation
  2. b guarantees that the selected contractor will enter into a contract with the owner for the bid price
  3. c voluntarily and knowingly subjecting oneself to danger
  4. d aka meeting of the minds or intent to contract. Requires both offer and acceptance
  5. e A legal doctrine that says that some activities are so dangerous that liability will always follow any injury that results from those activities.

5 Multiple choice questions

  1. Party must try to mitigate additional losses. (i.e. renting a room)
  2. 1. General Rule: Ambiguity in contract terms must be construed most strongly against the party which drafted the contract

    2. Policy: The rule's application rests on a public policy theory that the party who chose the word is more likely to have provided more carefully for the protection of her own interests, is more likely to have had reason to know of uncertainties, and may have even left the meaning deliberately obscure

    3. Application: The rule is usually applied in cases involving an adhesion contract or where one party is in a stronger bargaining position, although it is not necessarily limited to those situations.
  3. The forced performance of an act under threat, violence, or pressure
  4. (law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)
  5. promise of reimbursement in the case of loss

5 True/False questions

  1. Partnershipa contract between two or more persons who agree to pool talent and money and share profits or losses


  2. A/E Site Observation ObligationsIf an architect or engineer working on a specific project notices something wrong or out of place, it is there duty to notify the proper person to remedy the problem


  3. Trespassersomeone who is walking past a place by chance


  4. Consequential Damagesindirect damages that must be foreseeable to be recovered


  5. Corporationa business owned by one or more shareholders and managed by a board of directors


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