ARBE 1301 A2- Julian Morosin (3260117).docx - Construction...

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Construction Law & Legislation Assessment Item 2 – Law of Tort and Property law. Abstract: Highlighted within this report are the focus of objectives that are required by components 2.1: Law of Tort and component 2.2: Property law. Each component has been 1 By Julian Morosin 3260117
explored in depth to formulate a discussion of how law and legislation applies to the situations involved in each article. This report will not try to resolve the case studies alternatively just formulate discussions of where relevant tort and property law applies. Component 2.1……………………………………………….3 1.1 Detailed analysis…………………………….3 1.2 Parties shown negligence……………….3 1.3 Duty of care……………………………………4 1.4 Breach of duty………………………………..4 1.5 Damages………………………………………..5 1.6 Defences………………………………………..5 1.7 Liability of dangerous activity…………5 1.8 Deformation…………………………………..5 1.9 Vicarious liability……………………………6 1.10: Remedies…………………………………….6 1.11 Limitations…………………………………..6 Component 2.2……………………………………………….7 1.1 Legal rights…………………………………….7 1.2 Interest of land………………………………7 1.3 Life estate……………………………………..7 1.4 Easements…………………………………….8 1.5 Covenants…………………………………….8 1.6 Leases…………………………………………..8 1.7 Options………………………………………..8 1.8 Joint ownership……………………………8 1.9 Land dealing………………………………..9 1.10: Development……………………………9 References……………………………………………………10 2 Contents:
Component 2.1: Law of tort in relation to article 2.1: 1.1: Detailed analysis: In article 2.1, 28-year-old women has been struck by debris from a suspended load (a pile of bricks). The young woman is stated to be in a critical condition meaning possible death could occur. The parties highlighted in this article include the victim, family members and witnesses to the event (Plaintiff’s) against the builder Higgins homes, crane operator and other professionals (architects, engineers). Each party stated above will be discussed on what right of action they have, defences they can use and what is the best course of action they can take. As stated in article 2.1 “officer from Tower Hamlets CID are investigating” could possibly highlight that the liable persons for this situation could be charged criminally as well be sued by a separate party in which case they become the tortfeasor. Liable parties that can be held tortious by another party are the contractor for breaching occupational health and safety laws as well as the professionals involved. Higgins homes or the crane operating company where under contract to provide a duty of care in a tort their rights and liabilities will be determined by provisions outlined within. On the other hand, the parties which can produce legal action against liable persons or parties cannot expect they are immediately entitled to sue for example “where damage occurs as the necessary consequence of something done in performance of statutory authority there will be no redness in nuisance” (compensation) or can be limited by the statue. If also the party knew of the risk of injury involved and consented, the right to tort is typically not available the injury will be under the own persons negligence. To evidently clear the confusion on who

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