Contributory negligence from casey shows that she

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by Casey was breached. Contributory negligence from Casey shows that she failed to adhere to reasonable instruction to not enter a in use construction site, preventing her to mitigate any damage that is likely to occur. Along with this, Darcy is also able to provide site safety walk checklists to ensure that Casey was unable to gain access to the site without physically placing herself within the restricted area. Site safety walks are conducted weekly, which involve visual inspections of construction sites to ensure that there are no safety breaches e.g. an opening in the site fencing.
The possible defences that Casey holds is in direct relation to how she was able to gain access to the construction site. A key aspect that will successfully defend Casey case is if there were any defects found in the fencing surrounding the site. If the fencing has sustained any defects it is possible that Casey is less liable for the incident that has occurred. Along with this, Casey is able to defend herself in regard to the University providing planned detours to enable students to safely avoid the construction site. If the University/ construction company has not provided these detours around the site, the two parties may be liable to the injury that was inflicted onto Casey. Component 2.2 i) Mortgage/ Charge on Land A mortgage is a type of legal obligation where the owner of land uses the land a security for the loan. A mortgage is formed through a contract usually between banks and the owner of land. The removal of a mortgage takes place when a loan has been paid back in full, when a loan is unable to be paid back and ownership of the land is taken, and when the land is sold to repay the mortgage. This type of mortgage is unlikely to have any consequences in Toby’s involvement as the mortgage does not involve him and is most likely to be removed once the purchase has been made. ii) Covenant A property covenant also known as a restrictive covenant is implemented to guide or restrain the development or alterations of a property. Covenants are most commonly formed by the developer when the land is originally being developed on or when it is subdivided. When attempting to remove a covenant that has been put into place there are three options that are commonly used. Firstly, you are able to apply to the supreme court. Secondly, you are able to amend the planning scheme within the Planning and Environment Act of 1987, which is most commonly used for entire developments rather than individual lots. Thirdly, you are able to apply for a planning permit, which is authorised by
some form of council that believes the aided party of the property covenant does not endure financial lose. The consequences that this legal issue has on the development is that Toby is unable to proceed as the height of the proposed development exceeds that what has been established by the covenant law.

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