...of log book BSc construction management Contents 1. Roles and relationships 2.1 Conflicting professions 2.2 Consultant roles 2.3 Professional service agreements 2. procurement systems 3.4 Procurement 3.5 Design and build 3.6 PFI - private finance initiative 3. contractor selection and tendering procedures 4.7 Purpose of tendering 4.8 Selective tendering 4.9 Negotiation 4. contract choice (JCT/NEC etc.) and contract terms 5.10 Standard form 5.11 JCT Joint contracts tribunal 5.12 NEC New engineering contracts 5. liability in tort (and the duty of care) 6.13 Tort 6.14 Liability in tort 6.15 Duty of care 6. contractor’s/employers obligations 7.16 Terms of contract 7.17 Contractors obligations 7.18 Employers obligations 7. time in contracts 8.19 Commencement 8.20 Extension of time 8.21 Completion 8. payments (including variations and loss and expense) 9.22 Contract price 9.23 Variations 9.24 Loss and expense 9. ensuring performance 10.25 Retention money 10.26 Insurance 10.27 Bonds 10. sub-contracting 11.28 Sub-contracts 11.29 Prevalence of sub-contracting 11.30 K 11. References 12. Appendices – further reading 1. Roles and relationships 1.1 conflicting professions The construction industry involves...
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...Case Analysis: Discharged Contracts Carmelisa King Kaplan University LS311: Business Law Professor Baum September 2nd, 2014 Introduction There is an old saying a person’s word is their bond. In business a person’s word can be used as a contractual agreement. However, this type of contract isn’t always the best way to do business. It is important to have a written contractual agreement that both parties can be held by so there can’t be any possibility of either parties breaching the contract. Now this case analysis will discuss the contractual agreement between two parties and if there are grounds for the contract to be discharged based on the outcome impossibility of performance. Facts Millie entered into a contractual agreement with Frank to sell him 10,000 bushels of corn from her farm. However, Millie had a bad season and experiences a bad drought that caused her to produce only 250 bushels of corn for Frank. Now Frank accepted the 250 bushels of corn from Mille but later decides to sue Millie for breaching her contract with him. Issue Is it possible for Mille to be released from her contract base on the outcome impossibility of performance? Otherwise can Frank sue her for breaching their contract even though her crop wasn’t able to produce a large harvest due to the drought? Can Millie defend successfully on the basis of outcome impossibility of performance? Explain. 1. Discuss the elements of impossibility of performance and the three situations where...
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...of intentional conflict of law that may affect potential civil liability of Steve and WIRETAP will be discussed along with additional legal issues that may also affect BUG. The six different issues will reveal several torts violated and damages that may be awarded from BUG. Introduction The purpose of this paper is to explain specific, hypothetical scenarios dealing with several legal issues. Bug Inc. electronic products are assembled in foreign countries, currently the products are only distributed in U.S. mainly for the use in surveillance. BUG Inc. is planning to expand the electronic device distribution to international markets. Team C has provided detailed answers and feedback to the six scenarios and different types of legal protections BUG must have for its intellectual property, employment laws, international laws, imprisonment rights, internet law, responsibilities, and manufacturing problems associated with the company’s business dealing in domestic and international courts. These protections are elemental strategic plans allowing the organization to minimize any risks in the international distribution. The Trade Secrets Act has been adopted by many states to protect company’s trade secrets or intellectual property. BUG’s company as designer and manufacturer of electronic devices and own software is protected under the law. However, “severe precautions are necessary to avoid misuse of a trade secret crime. In addition to state law, the Economic Espionage was...
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...Six-year-old Eric Kessler entered a partially constructed house on a residential construction site to play. While there he backed into a hole in the floor where the staircase was to be built, and was injured as a result of the fall. His mother, Patricia Kessler, sued the builder, Randy Mortenson and/or CRM Construction, and the property owner/developer, Stephen Sheffield. Issue Under Utah law, can a property owner be held liable for injuries a child sustains while trespassing on a residential construction site? Rule • Restatement (Second) Torts § 339 • Taylor v. United Homes, Inc., 21 Utah 2d 304, 445 P.2d 140 (1968) • Featherstone v. Berg, 28 Utah 2d 94, 498 P.2d 660 (1972) Analysis The Defendants moved for summary judgment on the grounds that the attractive nuisance doctrine is not applicable when a child trespasses and is injured on a residential construction site, because residential construction sites are exempt. The trial court agreed that Eric was trespassing at the time of the accident, and granted the Defendants summary judgment. Ms. Kessler appealed to the Utah Supreme Court....
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...CHAPTER 1 An Introduction 1.1 Introduction: The peculiar feature that tort occupies in private international law is that if the tortious act has been committed entirely locally, then lex loci delicti governs it, irrespective of the fact that whether it has or has not some foreign element, such as, both or one of the parties is domiciled or resident abroad or national of another country. The foreign law is applicable only in some very exceptional situations. Torts in Common Law countries mean civil wrongs to a person, to property, or to a person’s reputation. Common examples are negligent acts causing injury or deaths, conversion, trespass to property and defamation. 1.2 Research Methodology: In making this project report the doctrinal method of research has been used. 1.3 Focus area: This project report focuses on the tort under private international law. 1.4 Scope of the study: In this project report the meaning of tort and law applicable to tort under private international law has been explained. CHAPTER 2 Conceptual Analysis 2.1 TORT AND CONFLICT OF LAWS: Torts in Common Law countries mean civil wrongs to a person, to property, or to a person’s reputation. Common examples are negligent acts causing injury or deaths, conversion, trespass to property and defamation. The same act may be both a tort and crime: assault can be a cause of action in tort and may also be a criminal offence. That is also true in some other situations, for example, misappropriation...
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...“A tort is a civil wrong for which the remedy is an action for unliquidated damages and which is not exclusively the breach of a contract, or the breach of a trust, or the breach of other merely equitable obligation”- Salmond The words ‘tort’ has originated from the Medieval Latin word ‘tortum’ which literally means injustice. But to be more specific, torts law is a vast branch of law which deals with civil wrongs like negligence (of different sorts), battery, harassment and trespass among others. In common parlance, torts may be described as the wing under which all claims pertaining to civil rights are brought and monetary compensation is awarded to right the people who have been hurt or their property damaged. Entering a property without...
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...Law of Negligence Introduction The requirement of the law of negligence is that individuals’ conduct should conform to certain standards of behavior (Steininger, B., & Koziol, 2005). When the actions of a person violate these standards, it is required by the law that they compensate the victim on their failure to conform to the standards. The law is under torts and its appearance dates back to 1932 in a case of Donoghue vs. Stevenson (Baudouin, 2010). In the case at hand involving Emma a girl who sustained injuries as a result of flying debris and the SCL Company, the law is applicable in several dimensions. There indeed exists a cause of action against SCL Company as discussed in details in the essay below. To start with, the case passes an impartial test by ascertaining the foreseeability of the eminence of harm not only to Emma but to any other person. As presented in Jolly vs. Sutton (2000), the council owed a duty to the young boy for negligence of removing the old boat from the flats (Baudouin, 2010). It was thus evident that the presence of the boat near the flats presented a threat of life to the young children around that vicinity. The municipal was thus responsible for the injury that the boy suffered. It was thus ruled that the municipal had to reimburse for the injuries sustained by the boy. Applied in the case at hand, the SCL Company owed a duty to Emma because it was their duty to ensure that the roof tiles are tightly fitted to prevent them from slipping...
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...Tort Law of the People's Republic of China (Adopted at the 12th session of the Standing Committee of the Eleventh National People's Congress on December 26, 2009) Table of Contents Chapter I General Provisions Chapter II Constituting Liability and Methods of Assuming Liability Chapter III Circumstances to Waive Liability and Mitigate Liability Chapter IV Special Provisions on Tortfeasors Chapter V Product Liability Chapter VI Liability for Motor Vehicle Traffic Accident Chapter VII Liability for Medical Malpractice Chapter VIII Liability for Environmental Pollution Chapter IX Liability for Ultrahazardous Activity Chapter X Liability for Harm Caused by Domestic Animal Chapter XI Liability for Harm Caused by Object Chapter XII Supplementary Provision Chapter I General Provisions Article 1 In order to protect the legitimate rights and interests of parties in civil law relationships, clarify the tort liability, prevent and punish tortious conduct, and promote the social harmony and stability, this Law is formulated. Article 2 Those who infringe upon civil rights and interests shall be subject to the tort liability according to this Law. "Civil rights and interests" used in this Law shall include the right to life, the right to health, the right to name, the right to reputation, the right to honor, right to self image, right of privacy, marital autonomy, guardianship, ownership, usufruct, security interest, copyright, patent right, exclusive right...
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...Private Nuisance in Tort Law The imprecise boundaries of what exactly constitutes private nuisance makes the task of providing an exhaustive definition of the tort almost impossible. The presently accepted definition of private nuisance that speaks only of substantial interference and unreasonableness is simplistic and inadequate. But through this assignment I would like to bring a focused analysis of the tort of private nuisance, following from some landmark decisions and other authorities intends to clarify what kind of situations make for a valid standing of private nuisance in court. Requirements of a valid claim for Private nuisance: Private nuisance, broadly, takes three forms, namely; encroachment on the land of the neighbour, direct physical injury to the land and interference with the enjoyment of the land by the neighbour. Collectively, the situations encompassed by the three aforementioned faults are almost infinite. It may vary from the inconvenience caused by unpleasant noise of automobile and smell of cattle to the damage caused to structures by vibrations. But this does not mean that every slight and trivial annoyance is enforceable under the tort of private nuisance. In order for a fault to qualify as private nuisance, it must primarily interfere with the use or enjoyment of one’s land and must be unreasonable in its effect on the plaintiff. Other secondary requirements of private nuisance, like the quality of recurrence et al are subsequently discussed in...
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...| 2013 | | | Assignment Cover Sheet Qualification | Unit Number and Title | Pearson BTEC Level 5 HND Diploma Business (Accounting) | Unit 5: Aspects of Contract and Negligence for BusinessUnit Code: Y/601/0563Credit Value: 15 Credits | Student Name | Assessor Name | Mukaram Khan Swati | Salman Haider | Date Issued | Completion Date | Submitted On | Validity | 7th October,2013 | 4th November,2013 | | 1st Oct, 2013-31st Jan,2013 | Assignment Title | Contract and Negligence | Assignment Number | 05AOCANFB- Y/601/0563-13 PKISL7002 | Hand In Policy You must complete this assignment on time. If u experience difficulties, you must inform your tutor accordingly. Late Work Policy Consideration will be given to students who have valid reasons for late submission (eg, Illness) Plagiarism In case of plagiarism, college regulations will be applied. You must declare that this assessment is your own work by signing the following statement: Learner Declaration | I certify that the work submitted for this assignment is my own and research sources are fully acknowledged.Student Signature: Date: | Table of Contents Acknowledgement 6 Research Method 7 Aims and Objectives 8 Literature Review 9 Abbreviation List 10 Introduction 11 Task 1 12 Essential Elements of a Contract 12 1. Offer and Acceptance 12 2. Lawful Consideration 12 3. Intention to Create Legal Relationship...
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...hazards exist. Obviously, in the case of an LFTR power plant, the most important issue to consider is what kind of hazards exist, and what kind of liability is ascribed, in the event of a failure of the LFTR power plant. When considering the legality of engineering and constructing an energy-producing reactor, there are a variety of applicable fields of law that can be utilized to analyze the potential issues that arise from the construction of a liquid fluoride thorium reactor power plant. However, the most prevalent applicable law would be tort law and the application of strict liability to the engineering and utilization of such a power plant. Strict liability, generally, speaking imposes negligence upon an individual, regardless of fault, when that individual engages in an abnormally dangerous activity. See Rosenblatt v. Exxon Co., 335 Md. 58, 69-70 (1994). When engaging in abnormally dangerous activities, strict liability is imposed “for harm to the person, land or chattels of another resulting from the activity, although [the tortfeasor] has exercised the utmost care to prevent the harm.” See Restatement of the Law 2nd (Torts). This liability is not based upon any intent to cause harm or negligence in carrying out the activity, but is based on the idea that the activity is...
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...strike, the required criminal laws to deal with the offences committed are Duress, Tort of Conspiracy, Employment law and Discharge of Contract. As part of the common law, Duress happens when one party refuses to agree into a contract and is forced to agree to the contract by violence or a threat, and also the threat must be of relation to actual physical violence to life, limb or liberty of the plaintiff or members of his family. In the case of Barton v Armstrong (1976), A threatened to kill B if B did not enter a contract which was wholly unfavourable to B. In relation to this case, some drivers refused to partake in the strike and were threatened with bodily harm, whereby for this case it is made with offer but without acceptance from a person’s own freewill, causing Duress to act like a defence in contract law. Tort of Conspiracy happens when two or more commits and agrees on a course of conduct to harm another, involves lawful acts, performed in furtherance of the agreement and the plaintiff to suffer damages. In the case of Wu Yang Construction Group Ltd v Zhejiang Jinyi Group Co Ltd (2006), employees who conspire to resign from their jobs at once and negatively affecting the employer’s business and employer suffers from losses as a result. Similar to this case, Zhang, Wang and Chang have roped in other train drivers to join in the strike due to being unhappy with their working hours and salaries, thus can be charged in court for Tort of Conspiracy. Under the Trade...
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...Aspects of Contract and Negligence for Business *Unit abstract:- Introduction to the law of contract, with a particular emphasis on the formation and operation of business contract. Business contract shall be defined within the context of law of contract and business law . The former is narrower and the later is wider but all its components are subject to the essential elements of contract. Business law which is also known as mercantile law refers to laws governing and regulating trade , industry and agriculture . It includes laws relating to Contracts , Sale of Goods , Partnership , Companies , Negotiable Instruments , Insolvency , Carriage of Goods , Arbitration..etc. The difference between the law of Tort and the law of Contract is based on obligations and liabilities . In tort the obligations are imposed by law while in contract the obligation of the parties are created by their own free will and mutual consent. Key questions : 1.What are ...
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...Week 3: Business Torts Lexus Nexus By Christine Lyu Keller Graduate School MGMT 520 – Legal, Political, Ethical Dimensions of Business Professor Afiya Whitman September 22, 2013 Esposito-Hilder vs. SFX case Go to Jennings Chapter 9, page 315, problem 5. Use LexisNexis in the Keller library and look up the Esposito-Hilder vs. SFX case. Use the citation you find in your book to do the search. Read the case and answer these questions. Copy and paste this information into a Word document, include your name on that document, and answer the questions. 1. What is the most “jealously” protected kind of speech, according to the court in this case? (3 points) Under the law of defamation and considering the content and general thought process of the entire radio program, the remarks may have been distasteful. However, to the reasonable listener, it would be viewed as an opinion and would not be viewed as an actual fact about the plaintiff. One's physical attractiveness and desirability or lack thereof is, in fact, a matter of subjective opinion, even though under the circumstances it may not give rise to a qualified privilege. For more than a century, it has been widely recognized that "Beauty is in the eyes of the beholder." 2. What court decided the case in the assignment? (2 points) The court decided that plaintiff's complaint states a cognizable cause of action against the defendants for the tort of intentional infliction of emotional distress. Accordingly...
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...Between Criminal And Civil Law Introduction The structure of the paper is as follows.Firstly,discuss the difference between criminal and civil law,and then analyse the overlap of the two systems.finally,give some advice to a victim of a civil wrong and a crime. Body 1. distinction between criminal and civil law Criminal Law is a kind of public law, which “governs relationships between individuals and the government, and those relationships between individuals which are of direct concern to the society.” The criminal law exist to punish a person that who have committed criminal offenses. In order to punish criminals and deter crime and others they remain stable state and society. "In public law, mandatory rules prevail. Laws concerning relationships between individuals belong to private law. ” (Elizabeth A. Martin ,2003) Civil law is private law. “In England and Wales, civil law means non-criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law. “Civil law deals with the disputes between a person, organizations, or between the two, in which compensation is awarded to the victim. The main purpose of the civil law is to compensate individuals who have suffered loss or injury by the wrongful actions of other person. Civil law is different from criminal law, because it emphasises more upon punishment than on dispute resolution. (Glanville Williams,1982) The essence of the distinction of criminal and civil law is different aims. "The...
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