Glossary
Search a term and see its short definition, legal basis and related decisions.
- GLOSSARY4734Tender Process Disputes24 October 2024
Analysis
In works: the unit cost document showing the quantity of any work item per unit and in which those quantities are multiplied by current market or market prices and calculated together with the contractor's profit.
- GLOSSARY4734Tender Process Disputes24 October 2024
Objective Good Faith
Acting honestly; the rule that persons, in exercising their rights and performing their obligations, must conform to the conduct expected of a reasonably honest and upright person; the rule of good faith.
- GLOSSARY2886Public Real Estate24 October 2024
Integral Part
A constituent or completing part. Parts that form an essential element of an object and that cannot be separated from it without destroying, dividing or impairing it are integral parts of that object. Examples include the lens of a pair of spectacles, the cover of a book, and a building constructed or a tree planted on land.
- GLOSSARY4734Tender Process Disputes24 October 2024
Positive Damages
Damage arising from the non-performance or defective performance of a contract; loss of profit is also positive damage.
- GLOSSARY4734Tender Process Disputes24 October 2024
Negative Damages
Damage arising from reliance on the conclusion of a contract that did not come into being; for example, the costs incurred for the contract are negative damages.
- GLOSSARY2886Public Real Estate22 October 2024
Estimated Value
The value envisaged for the work subject to the tender.
- GLOSSARY4734Tender Process Disputes22 October 2024
Public Interest
The interest that relates to and meets the needs of the public, or of national unity and of the State, and that confers benefits on society, the nation and the State.
- GLOSSARY4734Tender Process Disputes22 October 2024
Public Legal Persons
Public administrations and institutions having legal personality, established by statute or by express authority conferred by statute, that work entirely for the realisation of the public interest and exercise public power.
- GLOSSARY4734Tender Process Disputes22 October 2024
Public Resources
Public revenues, including funds obtained by borrowing, movable and immovable property, money held in accounts, claims and rights, and assets of every kind.
- GLOSSARY4734Tender Process Disputes22 October 2024
Giving a Bribe
The offence of a person promising, offering or giving a bribe to an official so that the official will do or refrain from doing what they are obliged to do, or will do or refrain from doing what they are obliged to refrain from doing.
- GLOSSARY4734Tender Process Disputes22 October 2024
Taking a Bribe
Simple bribery is the obtaining of an advantage by an official for doing what they are obliged to do or for not doing what they are obliged to refrain from doing. Aggravated bribery is the obtaining of an advantage by an official for not doing what they are obliged to do or for doing what they are obliged to refrain from doing.
- GLOSSARY4734Tender Process Disputes22 October 2024
Partnerships with Legal Personality
Commercial companies (joint stock, limited liability, general partnership, limited partnership and cooperative partnerships) are partnerships with legal personality.
- GLOSSARY4734Tender Process Disputes22 October 2024
Partnerships Without Legal Personality
Ordinary partnerships, shipping partnerships, building partnerships, bankruptcy estates and the like have no legal personality. Such partnerships may therefore not be named as claimant or defendant; all the partners must be named as claimant or defendant.
- GLOSSARY4734Tender Process Disputes22 October 2024
Legal Person
A person created by law, used as the counterpart of the real person.
- GLOSSARY4734Tender Process Disputes22 October 2024
Arbitration
The resolution of a dispute by arbitrators. Where recourse to arbitration is required by statute it is compulsory arbitration; where there is no statutory obligation but the parties have agreed to go to arbitration rather than to the State courts, it is voluntary arbitration.
- GLOSSARY4734Tender Process Disputes22 October 2024
Patent
The legal status recognised by the State that grants the inventor the right of commercial exploitation of what they have invented.
- GLOSSARY4734Tender Process Disputes22 October 2024
Transfer of Appropriations
The transfer of an appropriation set aside in the budget for a particular head to the account of another head so that it may be spent for that other head.
- GLOSSARY4734Tender Process Disputes22 October 2024
Appropriation
The sum set aside in the budget for particular expenditure.
- GLOSSARY4734Tender Process Disputes22 October 2024
Adjacent Area
The area placed under the control and responsibility of municipalities for the purposes of the development legislation.
- GLOSSARY4734Tender Process Disputes22 October 2024
Trustee
A person appointed by law in specified circumstances, as legal representative, to administer property or carry out an act in place of the true holder of a right where that person lacks capacity, is unable to exercise their rights or similar grounds exist.