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

Front Cover
J. Wiley & Sons, 1909 - Construction contracts - 331 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
27
15
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 Dures
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 Blunders 37 Agents Authority must Come from His Principal
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
An Agent or Fiduciary can Have No Interest in the Contract
33
Artificial Parties Corporate Bodies 48 Unincorporated Organizations as Parties 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 Not be Exceeded
37
The Legislature or Congress may Ratify the Contract
38
Cases where Appropriation has been Exceeded
39
Subscribers to a Project
40
Second Party Not Named but Determined by His Own
42
Charter and Statute Requirements must be Strictly Carried
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 Contractors with Regard to Parties and Their Powers 56 Source of Power 57 Residence of PartiesPlace where Contract is ...
48
for What?
54
The Consideration
60
As Regards Consideration
61
Consideration in Case of Subscriptions
62
Adequacy of Consideration
63
The Consideration of a Contract Must Be Something More Than a Moral
64
The Consideration Must Not be Wanting
65
The Doing of a Thing by One Party Which He is Already Bound to the Other Party to Do is Not a Consideration for a New Promise or a Contract
66
The Consideration must Be Present
67
From Whom Consideration must Come
68
Changes or New Terms in a Contract
69
Consideration Good in Part
70
The Undertaking must Not Have for its Object the Creation of a Monopoly
71
RE38 55
76
56
77
Manner of Coming to an UnderstandingOffer and Acceptance Make a Con
83
CHAPTER V
91
Statute of Frauds
97
Special Agreements Relating to Lands
98
Contracts for the Creation Assignment and Surrender of Estates in Land
99
Application of the Law to Construction Work
100
Statute of Limitations 112 Objects and Reasons for the Statute
102
Contracts to be Performed within One Year
103
The Letter of the Law is Applied Strictly without Regard to Hardship or Mis fortune
104
Agreements to Waive the Protection of the Statute
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
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
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 Monopoly 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
62
171
Discretion Must be Exercised in Good Faith
172
63
173
Whether Lowest Bidder can Compel an Award to Himself
175
92
177
Liability of Public Officers for Acts Discretionary or Quasi JudicialMisdeeds in Awarding the Contract
179
Liability of Public Officers for Ministerial Acts
180
Bids Cannot be Recalled
181
LAW OF CONTRACTS
182
Bid to Furnish Materials
185
Form of Proposal for Public Work
186
vii
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
Relation of the Subjectmatter and the Consideration
197
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
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
Determination of Skill Possessed or Want of Skill
227
Engineer and Contractor or Architect and Builder Jointly and Severally
234
Engineer or Architect must Not Act Fraudulently
241
CHAPTER XII
247
94
249
A Ci y Engineers Liability for Mistakes
253
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
274
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
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
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
for the Court or Jury
288
Expert Witness must Not Try to Determine Questions which Determination Is 291 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
302
95
305
Copyright

Other editions - View all

Common terms and phrases

Bibliographic information