Construction Law

1 Module Title Module code: LAW4LST Assignment 2 Level 4 Semester and year September 2015 11th February, 2016 Word count: 2,500–3,000 Author: C Peddie Date: June 2015 Learning outcomes A1 Discuss the role of law A6 Describe basic rights and duties of persons relating to contract and tort and remedies available B1. Understand the role of law in society B5 Be aware of the ambit of contract and tortuous liability C1. Understand and describe the workings of the legal system and the elements of contract and tort law C2. Advise a client on a range of straightforward legal problems. D1. Apply the skills learned on this module to a range of everyday situations and offer reasoned advice Question 1 James owns a house and car that he wishes to sell. He places an advertisement in the local paper which says ‘For sale: 4-bed house with garage £350,000 and Morgan vintage car £3,000’. © CEM Page 2 of 6 On Saturday David makes an offer to buy the house for £325,000 which James accepts and they agree to inform their respective solicitors on Monday to deal with the legal work. On Saturday Janis makes an offer to buy the car for £2,500 which James accepts. They agree Janis will pay for and collect the car on Monday. On Sunday James receives an offer from other people for both the house and car which are considerably higher than the prices agreed with David and Janis. James wishes to withdraw from his agreements with David and Janis. Considering the essential elements necessary for the formation of a valid contract, explain whether James can with draw from either or both of his agreements with David and Janis. 30 marks Question 2 Cowe & Boy Builders Ltd built a number of houses in 2007 and sold one to Graham. In 2008 Graham sold the house to Rose for £145,000. Rose bought the house with money advanced on a mortgage obtained from a Building Society. The Building Society advanced the loan following the receipt of a satisfactory valuation survey from surveying firm Grabbit and Co. A copy of the survey was given to Rose by the Building Society before she went ahead with the purchase. In 2014 Rose noticed some external cracking to a supporting wall which within a year had become much more extensive and she sought professional advice from a structural engineer. The engineer advised Rose that there was a serious defect in the foundations. Grabbit & Co admit the valuation survey was negligently prepared and that the property had been overvalued by £25,000, because it failed to properly investigate some cracking on an internal wall, but deny any liability is owed to Rose because the report was requested by and prepared for the Building Society. Using your knowledge of the law of tort advise Rose on the following legal issues: a. Whether Grabbit & Co. surveyors owe her a duty of care 30 marks b. Whether her claim for damages is affected by the Limitation Act 1980 10 marks Question 3 Evans is a property developer. He has recently purchased an old school building and he has planning permission to convert it into five houses. Evans has engaged a reputable firm of builders, Stones & Son Ltd, to carry out the renovation. Evans receives the following complaints:  Jenny is complaining about the noise from the building operations, saying that as she is retired she is entitled to some peace and quiet.  David, who is fifteen years old, gained entry to the site one evening, through a hole in the security fence; he falls into an excavated trench on site and breaks his leg. Advise both Evans and Stones & Sons Ltd, whether any legal action based on nuisance and occupiers liability, could be taken by Jenny and David against them with respect to these complaints. 30 marks Marking criteria: Marking Criteria and guidance You will be marked using the standard marking rubric attached. © CEM Page 3 of 6 Give legal advice rather than practical advice. Use objective, impersonal formal language. Do not produce your answers in the style of a letter or report unless you are specifically asked to do so. When answering legal questions you should firstly identify the issues, then explain the legal principles and finally apply those principles to the question. Your final paragraph should summarise the points made in your answer and draw any conclusions from them. Your answers should be properly founded on case law and or statutes and further challenged and tested via expert legal opinion delivered from legal commentaries in law journals etc. The use of legal journals and published opinion is encouraged to help support and justify your findings. When you state a legal rule refer to the decided case and /or statute from which it comes. When referring to a decided case the important thing is to state the court’s decision and the reason for that decision and show how it applies to your answer. You should use the full names and dates of cases and statutes when first mentioned. Subsequently they may be abbreviated. © CEM Page 4 of 6 LEVEL 4 ASSESSMENT CRITERIA MARKING GUIDE Weighting % Marking score 1. STRUCTURE, PRESENTATION & GRAMMAR 10 0-3 4-6 7-10  The study must be clearly structured and presented and be in essay format  The introduction must identify the relevant area of law and issues to be addressed.  Once the relevant areas of law and issues have been identified the study should explain the legal principles and then logically apply those principles to the study.  There should be cross-referencing of legal authority (cases, statutes etc.) to support justification of the content. Poor organisation and structure. Limited identification and discussion of the relevant issues with limited application of the legal principles. Did not comply with essay format requirement. Some attention paid to the structure, organisation and coherence of the answer. Some evidence of identification and discussion of relevant issues together with some application of the legal principles Essay format needed developing with greater cross referencing Good structure, presentation and coherently expressed and applied. Sound identification of all of the relevant issues, clear evidence of understanding and application of the legal principles Essay sections clearly linked and logical progression. Essay format written in appropriate professional style using appropriate grammar and punctuation. 2. CONTEXT 25 0-7 8-16 17-25  Answers need to clearly show you have used and applied learning materials  Specific requirements relating to the brief and application to practice Limited use and application of the learning materials and limited relevance to the area of study and practice. Does not meet requirements or focus of the question(s) Some use and application of the learning materials with some relevance to the area of study and practice. Meets some of the requirements of the question(s) Good use and application of the learning materials with a clear reference to the area of study and practice. Clearly meets all the requirements of the question(s) 3. KNOWLEDGE & UNDERSTANDING INFORMED BY READING 25 0-7 8-16 17-25  The study should reflect material including legal authority obtained from within and outside the CEM material.  Wider reading should inform and challenge your understanding and this should be reflected in your answer. No evidence of wider reading beyond CEM material Little real application to the requirements of the task Limited evidence of wider reading beyond CEM material. Some application to the tasks. Articulate and fluent. Clear link to referenced evidence and legal authority outside CEM material that supports section 4 Requirements of question(s) clearly answered by the © CEM Page 5 of 6 evidence and legal authority 4. ANALYSIS AND INTERPRETATION — 30 0-10 11-20 21-30  There should be a clear analysis and synthesis of the issues you have raised in section 2 & 3 above  There should be clear identification of the issues  There should be clear critical analysis of the legal principles  there should be logical and analytical application of the legal principles to the questions  there should be clear
conclusions and recommendations  All need to be aligned to the requirements of the question Wholly or mainly descriptive with no critical analysis or application of the legal principles or issues No conclusions and recommendations. Shows some limited analysis of the issues and application of the legal principles Analysis and application are evident but incomplete Shows some attempt to draw conclusions and recommendations, but incomplete Shows critical analysis of the issues Logical application of all of the relevant legal principles Conclusions and recommendation s clearly flowing from analysis and application. 5. REFERENCING & BIBLIOGRAPHY 10 0-4 5-7 8-10  All key sources must be cited, and a consistent and accurate use of Harvard referencing system must be maintained.  A separate reference list and bibliography should be provided Main key sources not cited. Cases and other legal authority not cited or referenced Limited or no use of an accepted referencing system. Most key sources cited using an accepted referencing system. Most cases and other legal authority cited but referencing incomplete or inaccurate All key sources cited. All cases and other legal authority correctly cited Consistent and accurate use of an accepted referencing system. TOTAL © CEM Page 6 of 6 Submission of assignments Online  You may submit your assignment online via the ‘Coursework team’ section of the VLE. Please refer to the online guidance notes for up-to-date submission information.  You will need to be familiar with these guidance notes prior to the submission deadline. Please note that it is your responsibility to ensure that your assignment is successfully received on time. By post  You may submit your assignment by post at any time up to and including the due date. Please complete a coursework submission form and staple it to your assignment.  You must retain proof of postage until after you have received the marked assignment.  Please refer to the submission guidance on the VLE for more information. The overall word length for this assignment should be within 10% either way from the stated word count. You may incur a penalty if you exceed the upper value. You must state the total number of words used at the end of your assignment; however, the content of appendices and references/bibliographies may be excluded from your word count. Warning: Plagiarising someone else’s work, whether copying from the Internet, CEM study materials, a textbook, a fellow student or elsewhere, is a serious offence. Before you submit your work for assessment, you must check it to ensure that you have fully cited within the text all the sources of information you have used and that all your sources are listed in a reference section at the end of your submission. Quoted text must not be excessive in length. You will find guidance on correct citing and referencing in The Harvard System – The CEM Guide to Referencing and Citation in the ‘Study skills’ section on the VLE. Be aware that your work may be checked using anti-plagiarism software. If plagiarism is identified, this will result in a severe penalty ranging from loss of all or part of the mark to exclusion from your course.
Assignment 2
 
LAW4LST
 
George Lee
 
Student Number:  1505971
 
11th February, 2016
 
 
 
 
 
Word Count:
 
 
Question 1:
 
 
Question 2:
Question 3: