Architect's Legal Handbook by Anthony Speaight

By Anthony Speaight

Architect's felony Handbook is the main primary reference at the legislations for architects in perform, and the verified major textbook on legislations for architectural scholars.

The 9th version contains all of the most recent improvement within the legislation that have an effect on an architect’s paintings, and complete assurance of proper united kingdom legislation subject matters. most importantly, the bankruptcy at the JCT contracts has been thoroughly revised to hide the 2005 replace. Key positive aspects of this version are:

  • contributions via the main felony and architectural specialists within the UK
  • full insurance of the JCT 2005 update
  • new bankruptcy on procurement
  • selected bibliography presents precious references to extra reading
  • tables of instances, statutes and statutory tools offer complete referencing for stated cases.

Architect’s felony Handbook is the basic felony reference paintings for all architects and scholars of architecture.

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Extra info for Architect's Legal Handbook

Sample text

It was held that the Council did not owe a duty in tort to the owner or purchaser of property in respect of the costs of remedying such defects in the property. The repair costs were held to be pure economic loss and irrecoverable, whether or not the defects amounted to a threat to health or safety. 30 There were two main reasons for the decision in Murphy v Brentwood. First, it was considered established law that in tort the manufacturer of a chattel owed no duty in respect of defects that did not cause personal injury or damage to other property.

A less clear-cut situation is where the builder has contracted not to cause a nuisance to X’s neighbours while carrying out the works but says nothing about compensation or other remedy. It is in such a situation that the distinction between the law of contract and the law of tort seems to have become blurred. 07 It would appear that it is not only ‘positive’ rights that can be enforced by a third party (such as a claim to payment) but also a term which contains ‘defensive’ rights such as a limitation or exclusion clause (section 1(6) of the Act).

05 The effect of an agent’s words or actions will depend crucially on whether or not he was authorised by his principal to say or do them. The agent’s authority will usually be an actual authority, that is, an authority which he has expressly or impliedly been granted by his principal. But the scope of the agent’s authority may, most importantly, be enlarged by the addition of his ostensible authority. 06 Ostensible authority is another manifestation of the operation of estoppel. If P represents to C that his agent A has an authority wider than, in fact, has been expressly or impliedly granted by P to A, and in reliance on that representation C contracts with P through A, then P will be stopped (‘estopped’) from denying that the scope of A’s authority was wide enough to include the contract that has been made.

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