Administrative Law

Download Architect’s Legal Handbook by Gregory Stone, Anthony Speaight PDF

By Gregory Stone, Anthony Speaight

Architects should have enough realizing of the legislation a minimum of to spot the character of any felony factor that arises. This ebook can be an integral reduction to each architect in assembly this problem, for it's the unmarried coherent consultant to the legislations for architects. This variation has been restructured to make reference more straightforward and new chapters extra. larger emphasis is put on how eu group legislation impacts architects.

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Example text

Not surprisingly these include the same types of clauses which would fall foul of UCTA. Also included are clauses which impose penalties on consumers, which allow the other party to change the service or goods that it supplies, to interpret or change the terms the contract at his discretion or to terminate the contract early. The regulations also give certain regulatory bodies, such as the Office of Fair Trading, the power to take legal action to prevent the use of such terms. 02 A representation is a statement of existing fact made by one party to the eventual contract (the misrepresentor) to the other (the misrepresentee) which induces the representee to enter into the contract.

In Caparo v Dickman [1990] 2 AC 605 the House of Lords held that auditors of a company’s financial reports did not owe a duty of care to prospective share purchasers to avoid negligent mis-statements because, unlike a company’s existing shareholders, the parties were not in a relationship of sufficient proximity. Liability for economic loss caused by negligent mis-statement was to be restricted to situations where the statement was given to a known recipient for a specific purpose of which the maker of the statement was aware.

Even if he did, the problem was that the party would normally be compensated only for his own loss – which in those circumstances would be no more than nominal – not the non-party’s loss which would be substantial. 04 The difficulties of a contracting party suing on behalf of the third party are discussed in the important House of Lords case of Alfred McAlpine Construction Ltd v Panatown Ltd [2001] 1 AC 518. In that case, a building contractor entered into a contract with the employer for the construction of an office block and car park.

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