Term
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Definition
| Written laws officially passed by federal and state legislation. |
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Term
| What are the 4 basic categories of law for architecture? |
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Definition
1. Criminal Law
2. Civil Law
3. Civil Rights law
4. Adminstrative Law |
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Term
| What is defined as civil law? |
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Definition
Private law dealing with the rights and obligations of individuals and corporations in their dealings with each other. relevent areas:
contract law
tort |
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Term
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Definition
| a "wrong" done by one individual (or corp) to another for which a remedy may be sought in the court. |
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Term
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Definition
negligence
trespass
nuisance
defamation |
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Term
| what is strict liability? |
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Definition
| Strict= "Automatic" liability. e.g. in the specification of materials, where the architect may be held liable for requiring new products that subsequently fail. |
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Term
| What is vicarious liability? |
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Definition
When one party is responsible for the negligent acts of another without necessarily contributing to negligence.
e.g. the employers responsiblity for the acts of employees in the course of their work or the architect's liability for the defective work of consultants. |
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Term
| What conditions must be proven by the plaintiff for a negligence claim to be successful? |
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Definition
a. that a duty of care was owed by the defendant to the plaintiff at the time of the incident complained of.
b. that there was a breach of contract
c. that the plaintiff suffered loss or damage as a result of the breach. |
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