The Law of Contracts: A Text-book for Technical Schools of Engineering and Architecture

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J. Wiley & sons, 1910 - Building laws - 331 pages
 

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Contents

What Contracts and Claims are Assigpable
9
Wbat Interest does an Assignee Take
10
Third Parties Strangers and Beneficiaries
11
Third PartySureties
12
Tbird Parties Sureties are Not Liable to Them
13
Changes which will Not Release the Surety
16
Surety Discharged by Other Causes
17
Persons as Parties Who May Contract 23 Disabilities to which Persons are Subject
18
Imbeciles Inebriates and Lunatics
19
Married Women
21
Oiher Conditions Affecting a Persons Capacity to Contract
22
Either Party under Duress
23
Principal should be Made the PartyIf Agent Assumes the Obligation He will be Liable
24
Proof of Agency
25
Names of Parties in Body of Contract should Correspond with Signatures
26
Agents should be Duly Authorized to Contract
27
Public Agents Not Liable for Bluvders
28
Authority cannot be Inferred from Business or Family Relations
29
Boards Committees and Councils in Their Representative Capacity
30
Public Officers are Presumed to Do Their Duty
31
Means of Obtaining Information
32
Ad Agent or Fiduciary cap Have No Interest in the Contract
33
Artificial Parties Corporate Bodies 43 Charter and Statute Limitations
34
Other Restrictions to which Corporate Bodies are SubjectCost must Be within the Appropriation or Limit of Indebtedness
36
Appropriation must Noi be Exceeded
37
The Legislature or Congress may Ratify the Contract
38
Cases where Appropriation has been Exceeded
39
Unincorporated Organizatious as Parties
40
Second Party Not Named but Determined by His Own Act
42
Charter and Stalute Requirements must be Strictly Carried Out
43
No Recovery can be Had for Work and Materials Furnished for Public Work Contrary to Law 53 The Law will Not Imply a Contract which the Law ...
44
Irregularities Need Not be Caused by Contractor
46
Precautions to be Taken by Coutractors with Regard to Parties and Their Powers
48
Time wben Contract was Made or Entered IntoDay or Date
51
CHAPTER II
54
Consideration in Case of Subscriptions
55
Adequacy of Consideration
56
The Consideration Must Not be Wanting
57
The Consideration must Be Present
59
From Whom Consideration must Come
61
Changes or New Terms in a Contract
62
Consideration Good in Part
63
CHAPTER III
65
The Undertaking must Not Have for its Object the Creation of a Monopoly
71
Immoral Contracts
77
What Constitutes an Acceptance?
85
CHAPTER V
91
SECTION PAGE 106 Contracts for an Interest in Lands
97
Special Agreements Relating to Lands
98
Promises to Answer for the Debts of Apother
99
Application of the Law to Construction Work
100
Statute of Limitations 112 Objects and Reasons for the Statute
102
Disabilities that May Prevent the Operation of the StatutePersonal Dis abilities
103
The Letter of the Law is Applied Strictly without Regard to Hardship or Mis fortune
104
Agreements to Waive the Protection of the Stalute
105
Injury Concealed by Fraud so that Right of Action was Not Known
106
Bad Work Concealed When under Inspection and Supervision of Engineer
107
Law of Contracts Proof of Terms of Collateral Contract Parol or Verbal Agreements 122 Parol Evidence Not Admissible to Vary or Contradict a Writ...
108
When Parol Evidence will be Received
110
Parol Evidence to Explaiu Obscure and Ambiguous Contracts
112
Parties may be Held to the Construction They have Themselves Adopled
113
Witnesses cannot Testify as to the Meaning of a Contract
114
The Intention of Parties should Control
115
Independent Oral Agreements
117
Subsequent Promises Must be Founded upon a Consideration
118
PART II
120
The Advertisement or Notice to BiddersInvitation to Coutractors and Build ers to Make Proposals
122
The Form of Advertisement to be Adopted
123
As Regards the Advertisement or General Notice to Bidders
124
Instructions to BiddersWork is Undertaken by What Authority and under Wbat Restrictions
126
Necessity for Restrictions and Regulations
127
Instructions should Give All Necessary Information to Bidders
129
There must Be Competition in Compliance with the Statute or Charter
130
SECTIONS PACE 142 The Legislature May Ratify Contracts
132
Public Officers cannot Legalize nor Ratify Void Contracts
133
Labor Laws and Limitations must be Complied With
134
Form of Notice and Instructions
136
Contracts Must be Strictly According to Terms of Advertisement Plans and Specifications by which Bids were Invited
152
Right to Make Changes and Alterations Reserved
156
Works Whose Cost Exceeds a Certain Amount Within the Statute Charter or Ordinance
157
What Work Comes Within the Statute
162
State or City to Furnish Certain Things at a Specified Price 159
163
Instances where Contracts have been Made for Things in which there was a Monopoly 160
164
Conditions and Stipulations as to the Performance and Completion of the Work
165
Conditions and Stipulations as to Performance and Completion of the Work
168
for Faithful Performance and Completion of the Work
171
Proposal to be Accompanied by Consent of Sureties
172
Information to be Furnished and Conditions to be Imposed when Contract is Executed
173
Acceptance of Proposal and Execution of ContractRight to Reject Bids
174
Power to Determine Responsible Bidder is Discretionary
175
Discretion Must be Exercised in Good Faith
176
Bids Rejected but Reconsidered Without a New Advertisement
177
Whether Lowest Bidder cau Compel an Award to Himself
181
Liability of Public Officers for Acts Discretionary or Quasi JudicialMisdeeds in Awarding the Contract
183
Liability of Public Officers for Ministerial Acts
184
Bids Cannot be Recalled
185
What Constitutes an Acceptance of the Proposal or an Award of the Contract
186
Bid to Furnish Materials
189
Form of Proposal for Public Work
190
vii
196
In Absence of Agreement or Pledge Owner may Exercise his Own Preference
197
Implied Agreement to Remunerate Bidder for His Labor or to Award Con tract to Lowest Bidder
198
PART III
200
Dismissal or Discharge of an Employee
202
Willful Disobedience of Auy Lawful Order of the Employer
205
Condonation of Employees Offense
206
Duty of Discharged Ernployee to Seek Other Employment
209
Employment of Engineer or Archit ct in a Professional Capacity
210
What Is a Performance of a Contract of Service ?
213
Recovery for Services Rendered
214
CHAPTER IX
214
Incorporeal Property in Architectural and Engineering DesignsCopyright and Patentright
214
Rights of a Purchaser to Incorporeal Creations
217
Rights of an Author Inventor or Desiguer when in the Employ of Another
218
Things Made or Created Outside of Office Hours
220
Employees Right to His Inventions 221
223
What Is Invention and Who Is the Inventor ? 222
224
CHAPTER X
227
That the Employee Possesses Skill is Implied from the Undertaking to Act
228
gence
236
Owner may Offset His Damages Against Sum Due Eugineer or Architect
237
Liability for Acts of Assistants
243
22
244
Engineers or Architects Knowledge Is the Employers Knowledge
251
Officer or Employee Is Responsible for His False Representations
257
CHAPTER XIII
259
EMPLOYMENT OF AN ENGINEER OR ARCHITECT AS AN EXPERT WITNES The Consultation Preparation and Behavior in Court Remuneratio...
268
Expert must have Regard for the Undertanding and Knowledge of His Audience
269
Esteem in which Experts are Held by Bench and Bar
270
Biased and Warped Judgments are Not Confined to Professors of Science
271
Experts Are Champions of Their Clients as well as Attorneys
272
It is the Duty of Every Citizen to Promote Justice
273
The PreparationExpert Witness should Not Only be Informed but He must be Prepared to Convince Others
274
Use of Written Memoranda and Copies Thereof
278
Use of Maps Plans Photographs and Models in Court
278
Expert Witness should Fortify His Opinions with Authority and Undisputed Facts
279
Trial Court Determines the Privileges of an Expert Witness
280
Behavior of Expert Witness in CourtWhen will Expert Testimony be Ad mitted
281
Some Questions Held Not to Require Experts to Determine
282
Expert cannot Determine Questions which the Jury are to Decide 3
284
Hypothetical Questions may be Asked of an Expert Witness
285
Witness Acquainted with Facts of Case
286
Weight and Value of an Experts Testimony is Determined by Jury
287
Expert Witness must Not Try to Determine Questions which Determination Is for the Court or Jury
288
Qualifications of an ExpertWho may Be an Expert Witness
289
Witness may Employ Practical Illustrations and Experiments
294
292a Judicial Notice
296
Right to Use Models and Make Tests Rests with Trial Court
297
An Experts Advice to FellowExperts
298
Experts as Assistants in Examination of Witnesses by Attorneys
299
Expert Witness in Civil and Criminal Cases Distinguished
301
Experts Knowledge Experience and Character may be Inquired Into 802
302
Legislation is Needed to Improve Expert Testimony
303

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