P&L Test 2 review

P&L Test 2 review - 1 Tort An offense against an...

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1. Tort - An offense against an individual, in the form of injury to his/her personal or property rights. Also a legal process to redress wrongs to an individual. Occurrences: Malfeasance(intentional interference)- when you are doing something that you know you shouldn’t Malfeasance(nonculpable)- liability without fault Nonfeasance(negligence )- should not have been done 2. Defenses against Tort: Contributory Negligence (last clear chance)- all or nothing Assumption of Risk- bunji jump Independent Contactor Comparative Liability- divide the % of fault in negligence 3. 3 Types of Tort: Tort against a person : Assault and Battery, False imprisonment, and Dangerous Instrumentality. (i.e. Guard dog on construction site when children live in area, the dog gets loose and bites a kid. Parent then sue construction company and dog loses) Tort against property : Trespass, Attractive Nuisance, Conversion- tort equivalent to theft (i.e. a friend leaves his car at your house and you sell it.), and nuisance. Tort against Reputation : False/ Malicious Statements published. (i.e. Slander, Libel) 4. Standards of conduct used in Tort: Reasonable Person Common Practice Res Ipsa Loquitur- ‘act speaks for itself’ 5. ‘Cause in fact’ and Proximate cause: Cause in Fact- did the event cause the harm? Proximate Cause- where the damage ends, where the liability ends. Did the action you did cause the action over there.
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6. Cardinal Change? What are the risks to an owner’s representative who authorizes a cardinal change? What are the risks to a contractor who performs the cardinal change? Cardinal Change- establishes the power to make a change(i.e. 3 story building to 6 after construction begins) 7. It is common for contracts to stipulate that changes in the work be authorized in writing by someone in authority. Under what conditions might a verbal change be considered valid? Yes, changes in work must be stated in the contract unless it is considered a minor change(does not take extra time or money). I would say that if the change were minor then a verbal change would be valid. 8.
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P&L Test 2 review - 1 Tort An offense against an...

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