Elements of Contacts and Torts under Built Environment Law

BTEC HND in Quantity Surveying and Construction Cost Management

Unit: 20019J Law and Contract for Construction and the Built Environment

Unit 7 Law and Contract for Construction and the Built Environment

Assignment:- Classification of law, sources of law and elements of construction contacts under the English legal system

Topic

Elements of  Contacts and Torts under Built Environment Law.

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Scenario (1)

Browns & Company Ltd sold  a burglar and fire alarm system to Rajah Construction (Pvt) Ltd  which the company installed and undertook to maintain it  in proper working order. The  contract document stated that exclusion  liability clause as "The seller would not be liable for any damages what so ever which may be caused to the purchaser  by burglary or by any other means in circumstances where the alarm did not function for any reason, and whether the seller was aware of the non-operation of the alarm or not".

Subsequently, a burglary occurred and the alarm did not function at all, since the technical officers  of  Browns Company had not installed the system correctly. As a result of the burglary,  Rajah Construction  (Pvt)  Limited lost valuable items and files  in its possession in the company. Now,  Rajah Construction (Pvt) Ltd  Limited sued against Browns Company and they wish to rely on the exemption  liability clause. 

Scenario (2)

Kumaraisa site manager of the "Rajah Builders (Pvt)  Ltd" which engaged in construction of a moden shopping complex in Kandy Town. While constructing the  shopping complex the management advised the constructing staff, not to engage in outdoor construction from 7.00 a.m to 9.00 a.m and 4.00 p.m to 6.00 p.m as those are rush hours.

One day Kumara, who disobeyed these instructions, was engaged in lifting of bricks to an upper storey facing the Main-Road at about 5.00 p.m. and happened to drop some bricks and injureda pedestrian called Mohamed, who carrieda new lap top which was also fully damaged. However, before the  commence men to flifting bricks Kumara hadput-up a Board which clearly displayed  board "Warning!That bricks were be inglifted". 

Task 01

Explain fundamental concepts of Built Environment Law and its nature under the English and Sri Lankan legal system and describe the legal structure and its procedures applicable for the given scenarios   (LO1 -1.1, 1.2)

Task 02

Describe applicability of different sources of Law (including Common Law) in Sri Lankafor construction activities and disputes, and explain how the ADR methods are adopted in the construction environment relating to given scenarios (LO1 -1.3) 

Task 03

Discuss the applicability of concepts under the Law of Torts with reference to above scenarios. (LO1 -1.4) 

Task 04

Identify main parties of the contracts in the given scenarios and explain different rights, duties and  obligations of identified parties to thetwo scenarios.  (LO2 - 2.1, 2.2) 

Methodology

Each student will prepare a report covering all aspects given in the assignment. The document must be in the form of a word processed report and can incorporate any sketches or diagrams to illustrate the answer. The report must have an introduction, body and summary. The document must contain all references according to the Harvard referencing system. 

Pass Descriptors 

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