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Aspects of the law affecting construction projects.

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Introduction

Transfer-Encoding: chunked ´╗┐LAW AND CONTRACT PRINCIPLES AND PROCEDURES OF LAW Task 1 1. Brown v Smith [1984] 2AER456 ? Brown is the name of the plaintiff [the person or company filing the legal action]. V = versus [against] Smith [the defendant].1984 is the year the judicial precedent was set. 2AER456 is Volume 2 of one of a series of Law Reports AER being All England Law Reports followed by page number 456. 1. Defences available to a person being sued in an action for tort. 1. Volenti nin fit injutia ? meaning consent negates the risk ? ?there is no injury to a willing person?. If someone is aware of and has agreed to accept the risk then they cannot at a later date sue if that risk occurs. This occurs when the plaintiff knew of the risks, was aware that the defendant was negligent and continued to accept the risks. An example of this is Ashton v Turner and another 1980 where Ashton, the plaintiff, and the 2 defendants planned a robbery using one of the defendant?s cars. All went drinking prior to the burglary but Ashton was injured in an ensuing chase. The plaintiff sued both defendants for negligence, Turner for dangerous and drunken driving and the other defendant for allowing Turner to derive without insurance. 2. Statutory Authority - a number of states authorise acts which, but for the power conferred by the statute would constitute a tort. Some public limited companies such as gas, electricity and water suppliers have the right to enter premises for inspection and other official purposes, as have officers of the local authority under the Public Health Act, 1936. ...read more.

Middle

So, it is the jury not the judge which reaches a verdict on the guilt or innocence of the defendant. In criminal cases, the prosecution has the burden of proof - it must prove guilt, rather than the defendant having to prove innocence. In less serious criminal cases, the case is sent for summary trial in one of over 400 magistrates? courts. A summary trial means there is no committal and no jury. The trial is before a bench of magistrates. In most cases, there are three magistrates who are "lay" persons - in other words, they are not professional judges nor are they lawyers, but, like the jury, they are persons from the local community. However, there is now an increasing number of "stipendiary" magistrates - paid magistrates who are qualified lawyers. Those defendants who are dissatisfied by the verdict may be able to appeal: * from the Magistrates? Courts, there is an appeal to the Crown Court on matters of fact or law . * from the Crown Court, it might be possible to appeal to the Criminal Division of the Court of Appeal on matters of fact or law * certain legal disputes arising in the magistrates? courts or the Crown Court can be taken before the Divisional Court of the High Court matters of important legal dispute arising in the Crown Court or Divisional Court may be appealed to the House of Lords. Civil Cases - In civil cases, the litigation is commenced by a plaintiff against a defendant. The plaintiff must try to prove the liability of the defendant on the balance of probabilities. The sorts of claims arising in the civil courts are typically about contracts, torts, and land disputes. ...read more.

Conclusion

As the plasterwork needs renewing it would be held that it is sufficient to found an action that he has suffered financial loss without physical harm. This was established in the case of Junior Brooks Ltd v Veitchi Ltd 1982. Here the plaintiff?s factory floor was re-laid badly and although no damage was caused to the property the plaintiff needed to have the floor re-laid again causing loss of profit due to disruption of the factory. It was held by the House of Lords that the defendant was liable for the economic loss. Green will recover the cost of re-plastering in a civil action due to breach of duty of care and negligence. Builders plc could then recover the damages from the sub-contractor. Task 6 a] Pluto would be liable under the rule in Rylands v Fletcher [1866] LR 3 HL 330 (HL). The claimant's mine workings were flooded when a well dug by the defendant collapsed, allowing water to escape onto the claimant's land. There was no reason to believe that the defendant had constructed his well negligently, or was otherwise at fault in his conduct. Nevertheless, it was held that a person who brings something onto his land that is apt to cause damage if it escapes, is liable to his neighbours if it does escape, regardless of fault. It follows that Pluto was also not deliberately at fault ? he maintained his pool and the equipment which operated it were in good working order. b] If the drain had been blocked by a malicious trespasser Pluto would not be liable under Rylands v Fletcher. The blockage would have been due to a trespassers malicious act. This is shown in Richards b Lothian[1913] where it was held to be a complete defence as the escape was due to the malicious interference of a stranger. ...read more.

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