StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Construction Law and Safety - Essay Example

Comments (0) Cite this document
Summary
The first person examined will be the liability that might be encountered by Jimmybuild Ltd. Jimmybuild was aware of the problem with the foundation, yet concealed this information from Nina. There is the possibility that Jimmybuild would be liable under the Property Misrepresentations Act 1991, if they made a statement to Nina that there was not a structural defect, because this would mean that they made a false or misleading statement during a business transaction (Property Misrepresentations Act 1991 § 1(1)…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92% of users find it useful
Construction Law and Safety
Read TextPreview

Extract of sample "Construction Law and Safety"

Download file to see previous pages The offense is one of strict liability, which means that it does not matter if the statement was intentional or negligent, but, rather, just that the statement was made and that the statement was false. So, in this case, Jimmybuild Ltd., if they made a statement with regards to the condition of the building, any kind of statement to Nina along those lines, and did not mention the fact that the foundation was defective, they would be liable under the Property Misrepresentations Act 1991. A statement that contains an omission would make Jimmybuild Ltd. liable under the Act, so, because any statement regarding the condition of the property would contain that omission, Jimmybuild Ltd. would be liable. Peter, the surveyor, may be at risk of negligence. According Murdoch (2005) surveyors may be guilty of negligence when they do not use skill in preparing their reports and the homeowner relied upon the surveyor’s report (Murdoch, 2005, p. 1). Privity of contract has historically been used as a defense on the part of the surveyor, as there was not privity of contract between the homeowner and the surveyor. Therefore, historically, the homeowner could not recover damages from the surveyor. However, the case of Hedley Byrne v. Heller [1964] AC 465 changed this rule. Heldley concerned appellants who were advertisers with a client named Easipower. Easipower defaulted on contracts to advertise on certain television and radio programmes that were procured by the appellants, making the appellants personally liable on the contracts. The appellants, however, had relied upon reports prepared by the defendant bank in which the defendant bank, Heller and Partners, which stated that Easipower was creditworthy, when, in fact, Easipower was not. The lower court ruled that the bank did not owe a duty of care to the Appellants, because the lack of privity of contract. However, the decision in the House of Lords was that proximity was not necessary to establish when attempting to show whether there was a duty of care owed (Hedley Byrne v. Heller [1964] AC 465). Therefore, privity of contract is not necessary, and an individual may sue a surveyor for negligent misstatements or omissions. Yianni v. Edwin Evans & Sons [1982] QB 438 carried this principle through, and this case is on point for the facts at hand. In Yianni, the surveyors made a representation that a house was suitable for a loan of ?12,000. However, because of structural and foundational flaws, the house was actually worth very little, yet the appellant relied upon the representation that the house was worth ?12,000 and procured a loan based upon this representation. The court still found in favor of the appellants, thus establishing the fact that privity of contract was not necessary for the appellants to collect damages. (Yianni v. Edwin Evans & Sons [1982] QB 438). Thus, Yianni established that not only does there not need to be privity of contract to sue, but that, if the individual who relies upon the report is of modest means, there are no grounds for contributory negligence. These cases establish that privity of contract is not necessary. Nina did not have a contract with the surveyors, but, rather, had a contract with Jimmybuild Ltd., but this does not matter, she can still sue Peter and ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Construction Law and Safety Essay Example | Topics and Well Written Essays - 1750 words”, n.d.)
Retrieved from https://studentshare.org/law/1430041-construction-law-and-safety
(Construction Law and Safety Essay Example | Topics and Well Written Essays - 1750 Words)
https://studentshare.org/law/1430041-construction-law-and-safety.
“Construction Law and Safety Essay Example | Topics and Well Written Essays - 1750 Words”, n.d. https://studentshare.org/law/1430041-construction-law-and-safety.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Construction Law and Safety

Family Law: Breakdown Of Marriage

In general, contesting a divorce is a difficult issue and grounds for divorce are generally allowed by the Courts. If one party makes a decision that the marital relationship is no longer working, the Courts are likely to accept this decision and grant the divorce.

While adultery is one of the important grounds for granting a divorce, John claims in this instance that he has not had an affair with Emma. Possibly, if this was the only issue at stake, he could have contested the divorce. However, there is also the additional issue of unreasonable behavior, which are also good grounds for the grant of a divorce. Isabel has made attempts to get him to see a therapist and has tolerated his depression and withdrawal during hi...
10 Pages(2500 words)Case Study

Organization and Functions of Federal Law Enforcement Agencies

Threats may either appear in the form of terrorism or from other intelligence groups or from the espionage. It may arise within the country, against the existing government or social systems. Though most of the federal law enforcement groups are investigative groups, they are not only focused on investigations but stand for the people. One can see that the importance of the federal agencies is growing day by day because the threats from militants and others have considerably increased. Such kinds of federal law enforcement agencies include Federal Air Marshalls, Secret Service, FBI, Untouchables, C.I.A and Federal Corrections etc. The organization and functions of these agencies vary in different fields and can be cited in the fol...
7 Pages(1750 words)Case Study

Company Law Issues

Various sections of the CA are coming into force over a staged process and the relevant provision relating to authority is sections 39 and 40, which came into force on 1 October 2007.

Section 39(1) of the CA provides that “the validity of any act done by a company shall not be called into question on the ground of lack of capacity by reason of anything in the company’s constitution”

Additionally, section 40(1) provides that: “In favor of a person dealing with a company in good faith, the power of the board of directors to bind the company, or authorize others to do so, shall be deemed to be free of any limitation under the company’s constitution”.

Section 40 (2)...
9 Pages(2250 words)Case Study

Contract Law

This expression of willingness can assume several forms, such as a facsimile, letter, electronic mail or a telephonic message. The intention is an objective consideration and in the case of Smith v, Hughes 4 relevant consideration was deemed to be the manner in which a reasonable person would view intention. Furthermore, the law distinguishes between an offer and an invitation to treat. The latter is not an offer but merely an indication of willingness to negotiate a contract.

An instance of this is provided by the case of Gibson v Manchester City Council5. In this case, the phrase may be prepared to sell was held to constitute an invitation to treat and not an offer. Indeed, the Gibson decision challenged the tradition...
6 Pages(1500 words)Case Study

Constitutional and Administrative Law

When examining the decision of previous court comments that are made obiter dicta will not be part of the precedent since often obiter dicta comments are speculative remarks on how the judge might have acted if the facts had been different.

Binding precedents come from earlier case law and, as suggested in the wording, must be followed even if the judge in the present case does not agree with the legal reasoning of the judge in the earlier case. In order for a precedent to be binding the facts of the present case to have to be sufficiently similar to the earlier case. Decisions given in a lower court to the one in which the present case is being heard will not be binding. For a decision to set a precedent it must have b...
8 Pages(2000 words)Assignment

The Law on Physical Punishment of Children Fails to give Sufficient Respect to Childrens Rights

Under the English criminal law, several past and current legislations were made in order to protect the children from corporal punishment or becoming a victim of physical abuse. Despite our effort to prevent parents from using physical force in disciplining their children, the British Government remains unconvinced that the law which protects the children from physical punishment is sufficient (Keating, 2008). Physical punishment such as ‘smacking’, ‘slapping’, ‘kicking’, or ‘spanking’ is referring to the act of causing a degree of pain or discomfort to the child. (Niland, 2009, p. 6) With regard to the legal issues behind child protection against physical abuse, this study aims to d...
6 Pages(1500 words)Coursework

Analysis of Tourism and Hospitality Law Case

 The main issue that needs to be tackled first is whether there is a valid contract between Richard Brat, carrying on trade as Brighton Greens, (buyer) and Molly and Kelly trading in First Grade Granny Smith apples as Holy Farm.

Apparently, there was, when considering their verbal and written mail sent by Richard to Holy Farm on August 1 reading as follows –“Please deliver 20 boxes –Granny Smith ‘Brighton Greens’. Cheque mailed.“

It may be seen that the mail order does not specify the category or grade of apples to be supplied, but one of the implied conditions of sale could be that the goods ordered need to correspond with the goods inspected and tested.

In th...
8 Pages(2000 words)Case Study

International Law: Child Soldiers

Using children to fight wars is not only morally abhorrent but very bad very the physical and mental health of the children in question. That is in part why a series of international laws and treaties have come into effect to try to deal with this scourge. But the issue is more complicated than that. While child soldiers are victims of war crimes, they too can also perpetrate serious breaches of the law of armed conflict. Under normal circumstances, individuals who commit such acts, be they combatants or not,2 would be vulnerable to prosecution. However, because children in such situations are victims as well as perpetrators and because of the special protections afforded to children under international law, many have questioned w...
8 Pages(2000 words)Case Study

The Law and the Media

New and complex issues have arisen which demanded fresh understanding and handling of cases involved them. This has resulted in the enhanced development of specialized laws e.g. cyber laws and interpretation of those laws. The same is true with Media Laws. Media has developed much in the last half-century. As it evolved as a profession and more people started to join it, there arose the levels of money involved in it. With this grew the contractual obligations on the parts of parties and concerned laws e.g. patent laws, privacy laws, and copyrights laws, etc. also started to play their parts. With these issues, the role of law in the media industry also reached a new height.
Mathew Fisher, the appellant, joined a band with Mr...
6 Pages(1500 words)Assignment

Internatioanl Construction Contract Consultants

... not allocate the loss proportionally was the crux of the issue. (Blackler 2008). Hence, in Camford University project work, I wish to advise that it is wise to follow the decision made in the City Inn case and to grant time extension to the contractor. 2. Antiquities It is better to add clauses in JCT contract as regards to contractual provision concerning with the finding antiquity objects during the course of a contract work for varied reasons. One has to be careful in regard to antiquity object as disturbance or removal of such antiquity from their original site may deteriorate their value. For instance, during the construction of a very expensive and large project in London, Shakespeare’s Globe theatre was found and this had delayed...
13 Pages(3250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Construction Law and Safety for FREE!

Contact Us