TORT (for information)

Question 1

Key elements of Tort

Answer 1

Duty of care

Breach of duty

Causation and Remoteness

Defence

Question 2

what is the three stage test

Answer 2

1. Foreseeable that act/omission could cause harm/damage to claimant
2. A relationship of “proximity” between defendant and claimant
3. Fair, just and reasonable to impose the duty in the circumstances

Question 3

name some legal policy considerations ?

Answer 3

Legal policy
The ‘floodgates’ argument
Allocation of risk and loss
Proportionality between wrongdoing and loss suffered

Public policy (for note) 
Litigation culture and defensive practices

Question 4

common issues with contracts ?

Answer 4

Inflexibility –Terms set at pre-contract or onset of contract
Information asymmetry
Asset characteristic
- asset specificity
- uncertainty – inability one party to control others or future situations
- Incomplete contract – confers one party residual rights to make decisions

Question 5

what are some examples of common risks in construction ?

Answer 5

Ground conditions

Weather conditions

Material shortage

Labour shortage

Accidents

Innovations in design (build ability problems)

Time related risks- fluctuation of prices, availability of materials etc

Question 6

what are some examples of common risks in construction ?

Answer 6

Ground conditions

Weather conditions

Material shortage

Labour shortage

Accidents

Innovations in design (build ability problems)

Time related risks- fluctuation of prices, availability of materials etc