Assignment Guidance- This is in united kingdom

Assignment Guidance- This is in united kingdom

1.You must answer all three questions in a legal problem answer style.

2.You must write in logically ordered, concise, clear sentences. No waffle. No bullet points.

3.References You must make intext references, as appropriate, to any relevant case law, legislation, and show independent research. Include references to commentary from legal journals, and quality academic articles. Reference to standard terms in JCT and NEC contract forms may be included, though it is incidental to this module which concerns the law.

Independent research is required to be show-this does not consist of lecture notes.

4.You must use the Harvard System of referencing. Use intext references. Make sure that you reference your work within the text after the relevant legal principle by stating the relevant case law name or the legislation and section. The authors name and the year of publication of articles should be given in brackets.

Provide full names of case law and Legislation. Refer to the relevant exact provisions of sections of legislation. Any case law should be cited correctly and in full e.g., Baker v McKenzie 1 CLR 498. (The lecture notes and Tables of Cases in textbooks give full citations.)

5. A separate Reference List should be given at the end of the assignment containing all references referred to in the body of the assignment.

Do not use endnotes.

6. WORD LIMIT: Each question has an advised 1300 words limit. A total of 4000 words + or - 200 is the absolute MAXIMUM words permitted. (A quality assignment may produce LESS than 3000 words)

7 Format : Calibri single spacing, use full sentences and paragraphs, NO bullet points.

A legal approach is required- identifying the legal issue, then the relevant legal principles or relevant sections of legislation for that issue, and then the analysis of its application to the appropriate facts with a conclusion. This requires clear, succinct and concise expression

8.ResourcesUse the lecture material as a starting point for addressing the questions, and then use your library login to do independent research. You can access electronic databases including Westlaw and Lexis- Nexis Library. The database called the Construction Information Service can provide good sources of information. You can also find papers on the Society of Construction Law website (www.scl.org.uk). A charge is normally made however students can access free copies by registering with the SCL you do not need to become a member!) The papers are available at: http://www.scl.org.uk/papers however you will firstly need to register as an academic visitor at: http://www.scl.org.uk/papers-downloadingThe Assignment Questions

- This is in united kingdom

Question 1.

In November 2009, Spellman Ltd. A computer manufacturer entered into an agreement with Pickles Construction Ltd (Pickles) under which Pickles would build a new commercial building and sell it to Spelman on completion. The building was conveyed to Spelman Ltd in February 2011. However, it also contained a flat suitable for a family at the rear of the building which was then occupied by Spellman Ltd. and apparently used for business meetings. Pickles had constructed chimney flues in the lounge and the family room in the flat. Spellman Ltd then arranged for the installation of the gas fires directly with British Gas.

In January 2024, following a failed spillage test carried out by British Gas during the previous month, Spelman obtained a surveyors report. The report concluded that the flues had not been constructed in accordance with either good building practice or with the Building Regulations that were in force when they were constructed.

Spellman Ltd finally seeks your advice as its senior contracts manager as to what it should do.

Examine whether or not and why Spellman may or may not have a successful cause of action for breach of a duty of care in negligence and/or contract, and whether any building or health and safety laws may have been breached.

30 marks

Question 2.Dmitri owns two self-contained freehold houses next to each other. He has begun to plan their development into one block of flats called Numbers One and Two College Street. He drives over building employees and relatives from his hometown in Estonia to do the work. A road will run between the properties connecting them to the main street. He had made some occupation arrangements under written agreements both headed licence. He wants to remove occupants quickly to start his new development. However, the occupiers claim that they are entitled to stay in their houses.

a) Abbas is an employee from Iraq. He occupies one of the freehold houses. His written agreement states that he can occupy until the local education authority buys the house for use as accommodation for teachers;

b) Sasha occupies the second freehold house for a fixed term of two years under her contract. She only pays a nominal rent as she is Dmitris sister and is working as an unpaid site manager.

Consider a) and b) and evaluate:

1.whether the separate occupation arrangements have created valid leaseholds or licences according to the law of England and Wales; and the legal issues that may arise concerning their work arrangements in this country.

2.Are there any other Land law matters that Dmitri should be aware of when he constructs the new road?

30 Marks

Question 3

Nuclear World Ltd (NW) is preparing a planning application for a 120 building science park on an unused urban site. There is a public footpath which runs through the site. If this footpath remains in its current location, it will substantially reduce the capacity and value of the site. TGR wishes to alter the route of the footpath to minimise its impact on the proposed development, but this will require the removal of some trees and a small neighbouring natural reserve.

Advise the company about:

1.the legal steps and procedures it should take concerning any alteration to the route of the footpath, and for the removal of trees and nature reserve; and

2.any legal challenges it may face concerning planning law and environmental law and other areas of law. 40 marks