Architect's Legal Handbook, Ninth Edition: The Law for by Anthony Speaight

By Anthony Speaight

Architect's felony instruction manual is the main everyday reference at the legislation for architects in perform, and the demonstrated prime textbook on legislation for architectural scholars. The 9th version contains the entire newest improvement within the legislations that impact an architect's paintings, and finished insurance of appropriate united kingdom legislation issues. most importantly, the bankruptcy at the JCT contracts has been thoroughly revised to hide the 2005 replace. Contributions via the major felony and architectural specialists within the united kingdom complete insurance of the JCT 2005 replace New bankruptcy on procurement chosen bibliography presents priceless references to extra studying Tables of circumstances, Statutes and Statutory tools offer complete referencing for pointed out instances Architect's felony instruction manual is the basic criminal reference paintings for all architects and scholars of structure. * The comprehensive legal reference for architects * comprises new bankruptcy on procurement * totally insurance of the JCT 2005 agreement updates

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Extra resources for Architect's Legal Handbook, Ninth Edition: The Law for Architects

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21 below). In respect of non-economic loss situations, it is suggested that the Anns v Merton approach still provides a useful framework for the consideration of the existence of a legal duty of care. There should be little difficulty in considering whether such a duty exists where either damage to the person or property has been occasioned, although (at least conceptually) the approach to testing the existence of a duty of care in a given situation is not affected by the kind of harm sustained on the facts of the case under consideration (as explained by the House of Lords in Marc Rich &Co v Bishop Rock Marine Co Ltd [1996] AC 211).

One view is that Junior Books will continue to be considered as an anomalous case decided very much on its own facts, and not one that establishes as a matter of principle a further category of exceptions from the main decision in Murphy v Brentwood. 39 However, an alternative interpretation is now possible in the light of Lord Goff ’s landmark speech in the decision of the House of Lords in Henderson v Merrett Syndicates Ltd [1994] 3WLR 761. Here, their Lordships unanimously held that a concurrent duty of care was owed in tort by managing agents to Lloyd’s names notwithstanding the existence of a contractual relationship between them.

An example of the second kind would be a contract term which says that compensation is payable by the builder to the next-door neighbours for any damage caused while the builder carries out works on X’s land but does not specifically provide for the next-door neighbours to make a claim. A less clear-cut situation is where the builder has contracted not to cause a nuisance to X’s neighbours while carrying out the works but says nothing about compensation or other remedy. It is in such a situation that the distinction between the law of contract and the law of tort seems to have become blurred.

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