ARBE1301- Construction Law and Legislation
Added on 2020-03-04
14 Pages3370 Words124 Views
PAGE \*MERGEFORunning head: Commercial and Corporation LawCommercial and Corporation LawName of the StudentName of the UniversityAuthor Note:Table of Contents
TitleSolution 11.Issue The parties to the issue for legal action and/or rights will be:●Whether there is a breach of duty Landlord or the Local Authority amounting tonegligence?●Whether the defence of volenti non fit injuria deter the rights of the tenants?●Whether the Contractors breached their duty to care?●Whether there was breach by the Fire Fighter Service?●Whether there are any rights of the Third party and bystanders?2.Law3.1 Tort of NegligenceFor claiming damages for negligent act it is important that there shouldexist a duty to care. A duty of care is said to exist between the plaintiff and the defendantthen a duty of care exists. Duty of care is established by a reasonable foreseeability test.Where it can be reasonably foreseen by the defendant that an omission or act byhim would cause harm to the plaintiff or defendant, there would exist a duty to care(Donoghue v Stevenson, [1932]). It was in the case of Donoghue v. Stevenson whereinthe product liability principle was established that states that even in the case where theredoes not exist a proximity or a contract between the parties there can still exist a duty to
Titlecare. Any kind of omission or act that can foresee reasonably any damage that may becaused to a neighbor would give a duty to care. Under law, neighbors are those areaffected closely and directly by a particular act (Donoghue v Stevenson, [1932]).A designer can be specialist contractor, principal contractors, commercial clientsor trades-people, if they involve actively in their project’s design work. The decision of adesigner affects the safety and health of not only those who are involved in theconstruction of the building as well as those who occupy the building.There is a duty that has been placed under the law of tort whether or not thesehave been placed under the terms of the contract. The main reason why there isemployment of a professional is because of the skills that are brought by the person in theproject.. The duty of warning even if not dealt in writing in a contract, can be impliedby way of contractual duty or through the law of tort towards the third party. The liability to the full extent of the damage would be on the defendant if thedamage done could have been foreseen reasonably. It is not of consequence if the extentof damage could have been foreseen or not. There would not be any liability if the harmcould not be reasonably foreseen. In the case of Pride Valley Foods Ltd v Hall & Partners (Contract Management)Ltd(2001) (Pride Valley Foods Ltd v Hall & Partners (Contract Management) Ltd,[2001]) it was opined that the project managers who had been engaged for the constructand design of a factory for bread making had negligently acted as there was a failure ontheir part to warn the clients that in order for keeping the costs low the expandedpolystyrene panels that had been used in case of a fire hazard would be highly
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