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

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J. Wiley & sons, 1901 - Building laws - 331 pages
 

Selected pages

Contents

What Contracts and Claims are Assignable
9
What Interest does an Assignee Take
10
Third Parties Strangers and Beneficiaries
11
Third PartySureties
12
Third 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
Other 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
An Agent or Fiduciary can Have No Interest in the Contract
33
Cases where Appropriation has been Exceeded
39
Irregularities Need Not be Caused by Contractor
46
CHAPTER II
54
The Consideration
60
There must Be a Lawful SubjectmatterThe Promise must Be to Perform
65
The Doing of a Thing by One Party Which He is Already Bound to the Other
66
The Undertaking must Not Have for its Object the Creation of a Monopoly
71
From Whom Consideration must Come
77
Manner of Coming to an UnderstandingOffer and Acceptance Make a Con
83
CHAPTER V
91
SECTION PAGE 106 Contracts for an Interest in Lands
97
Special Agreements Relating to Lands
98
Statute of Frauds
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
Contracts for Employment Not to be Completed within a Year
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
57
111
Parol Evidence to Explain Obscure and Ambiguous Contracts
112
Parties may be Held to the Construction They have Themselves Adopted
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 Contractors 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 What Restrictions
126
Necessity for Restrictions and Regulations
127
59
129
There must Be Competition in Compliance with the Statute or Charter
130
Public Officers cannot Legalize nor Ratify Void Contracts
131
SECTIONS PACE 142 The Legislature May Ratify Contracts
132
Labor Laws and Limitations must be Complied With
134
Form of Notice and Instructions
136
Bidders may be Required to Possess Certain Qualifications
138
Restrictions which Exclude Certain Persons from Bidding
139
148a Possibility of the Law Being Used to Escape Onerous Contracts
142
What is Good Evidence of Fraud and Collusion of Public Officers and Ser vauts
143
Oath as to Truthfulness of Statements
144
Propriety of Certain Requirements and Restrictions
148
There should be a Standard for Comparison of Bids
149
The Bid should Contain neither More nor Less than is Called for by the Instruc tions Plans and Specifications
150
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
158
State or City to Furnish Certain Things at a Specified Price
159
61
160
Conditions and Stipulations as to the Performance and Completion of the Work
161
Conditions and Stipulations as to Performance and Completion of the Work
164
Bond and Certified Check to Insure the Execution of the Contract and Surety for Faithful Performance and Completion of the Work
167
Proposal to be Accompanied by Consent of Sureties
168
Information to be Furnished and Conditions to be Imposed when Contract is Executed
169
Acceptance of Proposal and Execution of ContractRight to Reject Bids
170
Power to Determine Responsible Bidder is Discretionary
171
Discretion Must be Exercised in Good Faith
172
Bid to Furnish Materials
185
Form of Proposal for Public Work
186
CHAPTER III
192
In Absence of Agreement or Pledge Owner may Exercise his Own Preference
193
Implied Agreement to Remunerate Bidder for His Labor or to Award Con tract to Lowest Bidder
194
ENGINEERS AND ARCHITECTS EMPLOYMENT CHAPTER VIII
196
Dismissal or Discharge of an Employee
198
Gross Moral Misconduct Pecuniary or Otherwise
199
Habitual Negligence or Conduct Calculated to Injure Masters Business
200
Incompetence or Incapacity
201
Condonation of Employees Offense
202
Duty of Discharged Employee to Seek Other Employment
203
No Recovery for Extra Work Unless so Agreed
205
What Constitutes an Employment of an Engineer or Architect?This is Often a Difficult Question
206
What Is a Performance of a Contract of Service ?
209
Recovery for Services Rendered
210
CHAPTER IX
213
Incorporeal Property in Architectural and Engineering DesignsCopyright and Patentright
214
Rights of a Purchaser to Incorporea Creations
217
Rights of an Author Inventor or Designer when in the Employ of Another
218
Things Made or Created Outside of Office Hours
220
Employees Right to His Inventions
221
What Is Invention and Who Is the Inventor?
222
Instances of Invention between Employer and Employee
224
CHAPTER X
225
That the Employee Possesses Skill is Implied from the Undertaking to Act
226
SECTION PAGE 230 Determination of Skill Possessed or Want of Skill
227
Professional Man must Possess Ordinary Skill and Exercise Ordinary Care
228
Negligence on the Part of an Agent
229
Skill Required of Specialists
230
Owner may Offset His Damages Against Sum Due Engineer or Architect for Services
231
Architect or Engineer must Give Such Careful Superintendence and Inspec tion as to Prevent the Contractor from Making Material Omissions and Va...
232
Engineer and Contractor or Architect and Builder Jointly and Severally Liable
234
Engineer and Architect are Liable to their Employer and to Nobody Else
236
Liability for Acts of Assistants
237
CHAPTER XI
238
Attempts have been Made to Discriminate between Judges in Court and Judi cial Officers
239
Engineer or Architect must Not Act Fraudulently
241
Engineer is Liable to His Employer when He may Not be Liable to Con tractor
242
Engineer or Architect may Owe a Double Duty to His Employer viz as an Arbitrator and a Professional Man
244
249a Engineers or Architects Knowledge Is the Employers Knowledge
245
CHAPTER XII
247
County Officers and Their Liability
248
State Employees Held Liable for Negligence
249
Public Officers and Their Liability upon Contracts Executed for the State
250
LAW OF CONTRACTS
251
Commissioners of Public Works and Their Liability
253
CHAPTER XIII
257
If Architect or Engineer Supervises and Directs Work He may Have a Lien in Some States
258
SECTION PAGE 263 Engineers or Architects Rights under the Stockholders Liability Acts
262
Compensation for Injuries Received while Riding on a Free Pass
263
Passes are Usually Given for Some Consideration
264
Free Carriage without an AgreementWaiving Damages for Gross Negli gence
266
Expert must have Regard for the Undertanding and Knowledge of His Audience
267
Esteem in which Experts are Held by Bench and Bar
268
Biased and Warped Judgments are Not Confined to Professors of Science
269
Experts Are Champions of Their Clients as Well as Attorneys
270
It is the Duty of Every Citizen to Promote Justice
271
The PreparationExpert Witness should Not Only be Informed but He must be Prepared to Convince Others
272
Witness may Use a Book Chart or Prepared Memoranda to Refresh His Memory
274
The Subjectmatter
275
Use of Written Memoranda and Copies Thereof
276
Use of Maps Plans Photographs and Models in Court
277
Expert Witness should Fortify His Opinions with Authority and Undisputed Facts
281
Experts should Seek the Confidence and Re pect of the Court
282
Behavior of Expert Witness in CourtWhen will Expert Testimony be Ad mitted
284
Expert cannot Determine Questions which the Jury are to Decide
286
Relation of the Subjectmatter and the Consideration
287
Witness Acquainted with Facts of Case
288
Weight and Value of an Experts Testimony is Determined by Jury
289
Expert Witness must Not Try to Determine Questions which Determination Is for the Court or Jury
290
Qualifications of an ExpertWho may Be an Expert Witness
291
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
302
Copyright

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Common terms and phrases

acceptance action advertisement agent agreed agreement Amer amount assignment authority benefit binding bond builder building certified check charter commissioners completed consideration construction contractor corporation court court of equity Croton Aqueduct damages discharge duties employed employee employment Ency enforced engineer or architect erection estimate executed expert fact fraud held Iowa jury labor liable liquidated damages lowest bidder Mayor ment Minn morocco N. J. Law N. W. Rep N. Y. App N. Y. Supp negligence obligation offer Ohio St opinion ordinance owner parol evidence parties payment performance person plans and specifications promise to pay proposal public officers public policy question railroad reasonable recover signed skill statute statute of frauds sufficient supra surety tion tract ultra vires undertaking valid void W. R. Co witness written contract

Bibliographic information

TitleThe Law of Contracts: A Text-book for Technical Schools of Engineering and Architecture
Making of modern law
AuthorJohn Cassan Wait
PublisherJ. Wiley & sons, 1901
Original fromHarvard University
Digitized8 May 2008
Length331 pages
  
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