1.

2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.

19.
20.

21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.

Statute: is a formal written enactment of a legislative authority that governs a country

Convention: rule from among 2 or more alternatives
Enact: to make proposed legislation into law
Legislation: a law or laws passed by an official body especially a governmental body/assembly
Law: A rule of conduct or procedure recognized by the community
Lien: The legal right to keep or sell a property of someone as security for a debt
Self-regulated: A professions statutory authority to govern itself
Right to the title: Regulate the exclusive right for its member to use a title such as PEng
Scope of practice: Regulate practice in a particular area or field
Common Law: Rules established by previous decisions
Discipline: Changing a member and then proceeding to a hearing
Enforcement: is the process of charging a non member with either using the protected title
Conflict of interest: is a situation in which professional has conflicting obligation to the public, the
employer, the profession or him/herself
Loyalty: means that employee must put the employers interest ahead of personal interest
Real property: refers to land and anything attached to land such as buildings
Tangible property: is a property that has physical attributes (also known as chattels)
Intangible property: is everything else
Intellectual property: expression of an idea in a variety of physical form
(i)
Copyright: Words/data on paper or in an electronic form are protect by copy right for 50
years
(ii)
Patent: Patent protects an invention for 20 years since the day the application was filed
(iii)
Trademarks: Business name is protected by a trademark
Expropriation: the government can take the land but must pay fair compensation
Fee simple: means that an owner can do almost anything with the property
(i)
Joint tenants if one of them dies, the surviving joint tenant inherit the interest
(ii)
Tenancy in common if one of them ides, the heir of the deceased inherit the interest
Grantee: Government grants rights through licenses for a fee to entitle grantee to extract minerals,
oil and gas
Surface Lease: it provides access to the surface holders property to permit subsurface access
Air rights: are rights that extend above the property to a reasonable level above the property
Air space parcel: an artificial layer of property above the land
Clear title: means that there are no other interest on the property or charges against the property
Lease: provides a party with exclusive right to occupy all or part of the property
Mortgage: a form of security for a loan that provides the lender with the right to be paid out of the
value of the property when property is sold in priority to the holder of the fee simple right
Easement: is the right to use a neighbouring piece of property for the right of crossing it
License: is a right to use a property and is a contract between the holder of the fee simple right and
the licensee and is not binding on future holders of the fee simple right
Construction Lien: is an interest in land from a builder who has not been paid.
Industrial Design Act: protects the shape, configuration and general look of mass produced items
like furniture, toys, household items and vehicles for 10 years after the day the application was filed

32. Integrated Circuits: protects the design of the integrated circuit and protects for 10 years from the
date the application was filed
33. Sole proprietorship: is the legal term describing an individual carrying on business
34. Corporation or company: is a separate legal person created according to federal or provincial
statues
35. Partnership: a group of individuals or corporations that run a business
36. Fiduciary duty: a special trust in partnership which forbids either partners form operating separate
competing business and from taking profits solely for themselves
37. Limited partners: liable only for their cash contribution to the business
38. General partners: has unlimited liability
39. Shareholders: vote to elect directors and authorize changes to corporations
40. Directors: are individuals who direct the business of the corporation
41. Letters patents, memoranda of association, articles of incorporation: Legal documents create the
corporation-define number of shares to be issued and the name of the corporation
42. Debt: is an obligation to pay or render something, generally money, to someone else
43. Equity: is the residual value of a property or business after deducting mortgage and liability costs
44. Private corporation: is one in which all of the shares of the corporation are held by a small group of
people
45. Public corporation: is one in which shares are publicly traded, generally on a stock exchange
46. Due diligence: means that officer took all active and reasonable steps
47. Insider trading: Occurs when investors use or are provided with privileged non-public information to
trade on securities or commodities markets
48. Contract: is an enforceable voluntary agreement between two or more parties
49. Enforceable contract: one that a court upholds
50. Express terms: are words, phrases, or conditions that have been discussed and agreed to by the
parties
51. Implied terms: are those that have never been discussed or agreed between the parties but which
are taken for granted
52. Voidable Contract: a contract is voidable due to events such as duress, impossibility, frustration,
misrepresentation and unconscionable (morally unacceptable or unreasonable)
53. Offer: a proposal by an offeror to an offeree
54. Acceptance: unequivocal agreement to an offer
55. Invitation to treat: request for offers and it is not an offer because it cannot be accepted
56. Postal Acceptance Rule: When regular mail is used, acceptance is deemed to have been
communicated when the communication is placed into the mail system
57. Procurement: purchase of goods and/or services
58. Bid/Tender: an offer made in compliance with a fixed set of contract terms in a competitive process
59. Consideration: means that something of value has been given or promised by each party to the
contract
60. Mistake: an understanding with respect to a term of a contract. To make a contract voidable, a
mistake must have the following element a material mistake which is significant, mutual mistake
i.e. made by both parties and it should have existed at the time the agreement was made.

61. Misrepresentation: is an untrue factual statement that is made by one party and induces the other
party to enter the contract and it also has three categories innocent, fraudulent and negligent
62. Innocent & negligent: misrepresentation involves a statement made by one party to another that is
false or misleading, but involves no intent to deceive or mislead
63. Fraudulent: occurs when the party making the statement is aware that the statement is false.
64. Duress: is improper pressure, threats or coercion used to induce a party to enter into a contract
65. Unconscionable: one that is so fair unfair, oppressive or one-sided that it would be offensive for the
court to enforce it
66. Frustration: impossibility occurs when an unforeseen even occurs that makes the performance of
the contract either impossible or of no value
67. Force majeure clause: provides relief due to events listen in the clause that the parties agree are
beyond their control
68. Amendment: a change or alternation to a contract
69. Quantum meruit: applies when one party should compensate the other party that performed the
work and it simply means the amount it is worth
70. Change order: paperwork to formalize the change
71. Change directive: an order that the contractor proceed with a change to the work, to be paid for on
a cost plus basis
72. Breach: Parties to contracts sometimes fail to fully perform all their obligations and this failure
constitutes a breach of the contract if (1) the inability of one party to perform the contract (2)
Inadvertence (3) Disagreement as to the requirements of the contract and (4) Profit
73. Inability: refers to a situation in which one party would like to perform its obligation but is unable to
do so for reasons such as lack of financial resources.
74. Inadvertence: means that one of the parties to the contract has unintentionally failed to carry out
one of its promises or obligations
75. Disagreement: means that two of the parties to the contract interpret the meaning of the contract
differently
76. Performing under protest: means that the protesting party gives the other party written notice
77. Damages: refer to the compensation the court awards to an injured party, payable by the parties
that caused the injury
78. Mitigation: means that the party who has suffered an injury or loss must take steps to reduce or
mitigate the injury or loss
79. Remoteness: which is the lack of connection between a wrong and an injury or loss
80. Consequential damages: is generally understood to mean indirect losses, such as loss of business
81. Liquidated damages: are more common in construction projects and are genuine estimates of loss
written into the original contract, before any breach has occurred.
82. Penalty: a sum of money included in a contract as punishment for breach of the contract, rather
than as compensation for the breach
83. Bonus clause: is one that entitles one party to additional payment if performance exceeds what has
been promised
84. Objective standard: is used to determine what parties would have intended
85. Subjective standard: is used to determine what the parties themselves intended

86. Parol evidence rule: Courts have held that where a contract is entirely written and its written
language is clear and unambiguous, extrinsic evidence is not admissible to add to, vary, or
contradict the written words
87. Tort: breach of a duty to care for another party where the breach causes injury or loss to that party
88. Duty of care: an element of negligence based upon reasonable foreseeability. Thus, if at the time he
or she committed the negligent act and the defendant could have reasonably foreseen the plaintiff
might suffer loss or damage. Then, a duty of care is owed to the plaintiff
89. Economic loss: one in which the only damages are lost money and so, there is neither personal
injury nor property damage
90. Standard of care: means the level of skill and care required of a person
91. Breach of Duty: occurs due to incompetence and/or lack of care i.e. standard care was not met
92. But for test: simply asks the question: would the loss or damage or injury have occurred without
the negligent action of the defendant?
93. Proximate: a proximate cause is a cause that plays a significant role in producing the result,
compared to one that is remote
94. Rescission: cancellation of the contract
95. Fraud: a representation in order to be fraudulent must be one (1) which is untrue in fact; (2) which
defendant knows to be untrue or is indifferent to its truth; (3) which was intended or calculated to
induce the plaintiff to act upon it; and (4) which the plaintiff acts upon and suffers damage
96. Fiduciary duty: is a heightened duty to care for the interest of another party in priority to ones own
interest
97. Trespass: is the unauthorized entry onto the land of another person
98. Strict liability tort: meaning that in order to prove liability, the plaintiff need only prove that the
defendant entered plaintiffs land without authorization
99. Product liability: means the liability of the manufacturer to the consumer for a defective product
100. Duty of Warn: Professionals owe a duty to warn of impending damage to persons or property
101. Express Authority: referred to as the actual authority, is often created by a contract between
the principal and the agent
102. Apparent authority: referred to as implied authority, is created by representations made by the
principal to the third party
103. Indemnity: an agreement by one party to bear the financial loss of another party for a specified
event for e.g. insurance policy
104. Extras: changes that result in an increase in the contract price
105. Credits: those that result in decrease in the contract price
106. Pay-If-Paid: it is a clause essentially that shifts the risk of non-payment to the subcontractor
contingent on the general contractor being paid by the owner
107. Unforeseen conditions: it is a clause that refers to not only to conditions that were unforeseen
but also to those not reasonably foreseeable
108. One-Tier Payment Bonds: in large projects, owner require that the prime contractor provide a
labour and material payment bond in an amount equal to 50% of the prime contract price
109. Several liability: where the plaintiff is partially at fault, the parties are responsible only for their
portion of the loss

110. Vicarious Liability: liability of one party for the fault of another. This liability is based on the
premise that those who profit from an activity should also be liable for losses that result from the
activity
111. Litigation: is the use of court system to resolve disputes
112. Pleadings: they are documents filed in court in a lawsuit or included in a trial record. These
pleadings include the statement of claim, statement of defence, reply, demand for particulars,
interrogatories and motions
113. Statement of claim: To commence the litigation process, the plaintiff drafts this.
114. Statement of defence: Upon receipt of the statement of claim, a defendant has a short period
of time in which to file this.
115. Counter claim: is a statement of claim that a defendant asserts against the plaintiff
116. Discovery: refers to information procedures available to all parties prior to trial, including but
not limited to examination for discovery, interrogatories, inspection of property, and disclosures of
documents
117. Arbitration: a private litigation or trial process in which parties set the rules and choose the
judge, called the arbitrator
118. Negotiation: is a discussion aimed at resolving a dispute, usually through compromise. It is more
of an art than science
119. Mediation: is an assisted negotiation process in which a neutral third party facilitates settlement
discussions