The superintendent may be liable to the contractor for breaching a duty to give correct information. The contractor fractures a water pipe and the neighbour’s property floods. Superintendent and contractor – a superintendent gives incorrect information to a contractor digging a trench for cables.The following examples demonstrate how a duty of care may arise in a construction context: In the construction industry, these types of actions may vary from the construction of a building by a contractor, certain actions or advice provided by an engineer, architect or surveyor, or the activities and functions of a superintendent (amongst others). The law places limits on the categories of people who can complain about a breach of a duty of care. The person complaining may also have entered into a contract or may be a stranger. ![]() People who are affected by the activity will potentially be able to complain about a breach of a duty of care. ![]() A duty of care arises by reason of a decision to undertake a particular activity, for example construct a building. It is only the other party to the contract who can complain about a breach of the contract. The contractual obligations which parties owe to each other arise by reason of the decision to enter into the contract with another person. the loss sustained was not too remote a consequence of the breach of duty.the breach of duty caused injury or damage to another and.one person owes a duty to take reasonable care to another.There are four basic requirements to establishing an action in negligence: However, where a contract does exist, concurrent relief grounded in both negligence and contract may be available. ![]() Accordingly, if the elements of negligence are proven in a construction dispute, relief may be available whether or not a formal contract exists. In fact, there need not be a formal contract at all, as long as it can be shown that one person owed a duty of care to another and that the duty of care has been breached. Negligence is a tort and is not concerned with a breach of a contract, but with wrongful acts. In the construction industry, one of the most commonly relied upon principles is the law of negligence. There are a variety of other general principles that can also provide monetary compensation, depending on the circumstances. Damages or breach of contract are not the only means by which general principles of law allow recovery of monetary compensation.
0 Comments
Leave a Reply. |