By Anthony Speaight
Architect's criminal instruction manual is the main familiar reference at the legislation for architects in perform, and the verified major textbook on legislations for architectural scholars. The 9th variation contains all of the most recent improvement within the legislations that impact an architect's paintings, and complete assurance of suitable united kingdom legislation subject matters. most importantly, the bankruptcy at the JCT contracts has been thoroughly revised to hide the 2005 replace. Contributions by means of the most important felony and architectural specialists within the united kingdom complete assurance of the JCT 2005 replace New bankruptcy on procurement chosen bibliography presents worthwhile references to extra interpreting Tables of circumstances, Statutes and Statutory tools offer complete referencing for stated instances Architect's felony guide 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 info for Architect's Legal Handbook, Ninth Edition: The Law for Architects
37 Two other bases for liability in negligence for defective premises have, in theory, survived the decision in Murphy v Brentwood, although their application in practice is extremely unlikely. First, Lord Bridge suggested that there may be a duty to prevent economic loss where the defective building is so close to its boundary that by reason of its defects the building might cause physical damage or injury to persons on neighbouring land or the highway. This approach was applied in Morse v Barrett (Leeds) Ltd (1993) 9 Const LJ.
10 If one party evinces an intention not to continue to perform his side of the contract then the other party may again treat the contract as at an end. 11 In all three of the circumstances described above the innocent party has a choice as to whether or not to treat himself as discharged. He may prefer to press for performance of the contract so far as the other party is able to perform it, and to restrict himself to his remedy in damages. But once made, the election cannot unilaterally be changed, unless the matter which gave rise to it is a continuing state of affairs which therefore continues to provide the remedy afresh.
Thus, the dichotomy was resolved in this case by a ﬁnding that neither the contractor nor the construction professional should owe a duty of care in the ordinary course of events in respect of defects in quality to the product of their work or services. 44 It is suggested that this approach is probably wrong, as it appears to rest upon the assumption that Murphy v Brentwood is authority for the proposition that a building contractor can never owe his client a duty of care in tort in respect of the quality of his work.
Architect's Legal Handbook, Ninth Edition: The Law for Architects by Anthony Speaight