Legal Concepts & Maxims
Fundamental legal principles affecting contracts, such as estoppel, force majeure, privity of contract, and time at large,,. Includes Latin maxims like 'nemo dat quod non habet' regarding property title.
Accord and Satisfaction
The purchase of a release from an obligation by means of valuable consideration, not being the actual performance of the obligation itself.
Anticipatory Breach
When one party states they will not carry out their obligations before the time for performance has arrived.
Condition Precedent
A condition which makes the rights or duties of the parties depend upon the happening of an event.
Consideration
Something given, done, or foreborne by one party in return for some action or inaction by the other.
Contract Data
The document listing the Organs of State and other Public Sector Bodies’ requirements and the project specific information.
Deed
A specialty contract that does not require consideration to be valid and has a limitation period of 12 years.
Ejusdem Generis
A rule of interpretation where general words following specific words are treated as referring to matters of the same class.
Estoppel
A legal principle preventing a person from denying the truth of a statement they have made or facts they have led others to believe.
Force Majeure
Circumstances independent of the will of man, such as war or natural disasters, which are not in the contracting parties' power to control.
Injunction
An order of the court prohibiting a person from acting or requiring them to act in a prescribed manner.
Lien
A right to keep possession of property belonging to another person until a debt owed by that person is discharged.
Mitigation of Loss
The duty of someone seeking damages to do everything reasonably possible to reduce the amount of their loss.
Particular Conditions
Conditions incorporated into a contract to modify or supplement the General Conditions to suit the specific project.
Penalty
A stipulated sum payable by the contractor for late completion, calculated per calendar day.
Tort
A civil wrong other than a breach of contract which gives rise to an action for unliquidated damages.
Trespass
Entering upon or allowing anything to come into contact with the land of another without permission.
Waiver
The relinquishment of a right or remedy, either expressly or implied by inaction.
Without Prejudice
A phrase used in negotiations to indicate that statements cannot be used in evidence if the negotiations fail.