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| Question | Answer |
| The Theory of Precedent | Application of legal principles established in previous court decisions that involve similar or analogous facts (PAGE 2) |
| Legislation | Statutes enacted by an enacted legislature (PAGE 2) |
| Statute | A codification of the law as the legislature determines at the time of enactment (PAGE 2) |
| Litigation | A lawsuit (PAGE 9) |
| Plaintiff | In civil litigation- the party bringing the action or making the claim in the lawsuit In criminal matters- usually the Crown (PAGE 9) |
| Defendant | The party defending the action or whom against the claim has been made- sometimes called the accused (PAGE 9) |
| Appellant | The party appealing the decision of a lower Court, in either civil litigation or criminal matters (PAGE 9) |
| Respondant | The party seeking to uphold a decision of the lower Court that is being appealed PAGE 9 |
| Privity of Contract | Describes the legal relationship between parties to a contract (PAGE 9) |
| Creditor | A party to whom an amount is owing (PAGE 9) |
| Debtor | A party that owes an amount to a creditor (PAGE 9) |
| Indemnification | A promise to directly compensate or reimburse another party for a loss or cost incurred- similar to a guarantee (PAGE 9) |
| Tort | Generally refers to a private or civil wrong or injury, one that involves negligence and that may arise independently of contract (PAGE 37) |
| Defamation | A type of tort, where the reputation of the plaintiff is damaged by untrue public statements Broken into two classifications: 1) Libel- written statements 2) Slander- verbal statements (PAGE 64) |
| Occupier's Liability | The occupier of property must exercise the required standard of care to ensure the safety of individuals coming onto that property (ie. duty of care) (PAGE 64) |
| Concurrent Tortfeasors | The defendants in a tort case (PAGE 55) |
| Contractual Benefits | Rights arising pursuant to the contract (PAGE 80) |
| Offer | A promise made by one party to another (PAGE 81) |
| Consideration | The cause, motive, price, or impelling influence that induces a contracting party to enter into a contract Something of value that is exchanged by contracting parties (PAGE 32, 82) |
| Equitable Estoppel | The relief of a party that relies upon the gratuitous promise, when the terms of contract are amended without the consideration that would make the amending promise enforceable (also called promissory) (PAGE 92) |
| Contract A | Contract that deals with the tendering process and regulations (PAGE 125) |
| Contract B | The contract that is formed on the award of the contract that addresses the substance of the work or services to be performed (PAGE 121) |
| Rule of Contra Proferentem | A contract rule of interpretation that underscores the importance of clear and unambiguous language in the drafting of contracts Where a contract is ambiguous, it will be construed or interpreted against the party that drafted the provision (PAGE 136) |
| Parol Evidence Rule | The contract law that precludes evidence of the omitted condition (ie. conditions that are agreed upon verbally but not included in the contract, the condition is not formally a part of the contract) (PAGE 136) |
| Force Majeure Provision | A clause that usually provides that time for completion will be extended in the event of war, riot, insurrection, floor, labour dispute, or other events that arise beyond control of either party (PAGE 142) |
| Condition | An obligation essential or vital to the contract (PAGE 145) |
| Warranty | An obligation that is not essential to the contract (PAGE 145) |
| Repudiation | When one party to a contract expressly tells the other party that he or she has no intention of performing the contractual obligations (PAGE 146) |
| Direct Damages | Caused by a breach of contract, are related to the contract such as additional costs required to fulfill the breached obligations (PAGE 148) |
| Indirect Damages | Any other damages suffered by the innocent party as a result of the breach, including lost wages, loss revenues, fines, etc (PAGE 148) |
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