Liabilities & Insurance

Question 1

Limits of Liability

Answer 1

1 yr = Slander
3yr = Personal Injury 
6yr = Tort / Simple contract
12yr = Deed / Seal
15yr = latent damages long stop (3 from discovery)

Question 2

Liabilities of a L Arch

Answer 2

criminal = stat
civil = contract, tort, employee/employer, proff, partner

STATUTORY

• CDM
• HASAW
• Occupiers Liability Act

TORT

• negligence
• nuisance
• libel
• trespass
• strict (no fault)
• vicarious

CONTRACT
- breach = express / implied / strict

PROFESSIONAL
- Duty of care (std 9 - stds) breach = negligence - PII

EMPLOYER

• vicarious (M&S)
• employer
• public

EMPLOYEE
- own tort

MEMBER OF A PRACTICE

Question 3

difference between strict duty of care and strict liability

Answer 3

Strict duty of care for a L.Arch refers to the duty of care we hold to the client - if we delegate work we are still ultimately responsible for the outcome

Strict liability
being found liable without fault - so holding dangerous material unnaturally - eg if clients site is a dam, and the contractor does some thing without instruction that damages the dam and a flood occurs - client = strictly liable.

Question 4

What is Negligence?

Answer 4

Failure to do/not do what is reasonable
– added duty of care if professional.

Duty of care must be established

• damage foreseeable?
• Relationship?
• Fair and reasonable to impose duty of care?

Question 5

Aspects of work that might give rise to claims of negligence?

Answer 5

• Negligent survey
• Incompetent design
• Inadequate inspection
• Negligent financial advice
• Negligent legal advice
• Negligence in certifying payments. works not done

Question 6

What is nuisance?

Answer 6

Relates to environment / use of land / public access / ROW.

• STATUTORY NUISANCE:
legislation noise /dust /odours /waste – abatement notice = stop/fix
- (Neighbourhoods and environment act NI)

• COMMON LAW / PRIVATE NUISANCE
harms people or property – pay damages

Question 7

What is defamation?

Answer 7

people blackening your name - written and spoken

Question 8

What is Trespass?

Answer 8

entering, remaining or an object on another’s land. = civil wrong only.
Unless damage occurs – then its criminal.

Question 9

What is Strict Liability?

Answer 9

STRICT LIABILITY – sub tort of nuisance related to trespass

• Accumulation artificially of something on land + non-natural use + escape + damage
• NO FAULT
• Rylands & fletcher dam
• For designer – must record consideration of risk-CDM

Question 10

What is Vicarious Liability?

Answer 10

liable for another’s torts
– master : servant / employee : employer

instructing the contractor to do work unsafely