Tort Law in Construction

4246 Words Dec 12th, 2014 17 Pages
School of Housing, Building and Planning
2014/2015
RMK 254 Legal Studies

Project title :

Prepared by :
Hung Boon Sing (119217)

Nur Syabihah binti Ismail (119324)

Yeow Jun Heng (119383)

Submitted to :

Date :
1st December 2014

Content

Introduction- Tort Law…………………………………………..................................3
Trespass……………………………………………………………………………..4-6
Nuisance…………………………………………………………………………....7-12
Negligence………………………………………………………………………..13-14
Distinguishing nuisance and trespassing to land……………………………………15
Distinguishing nuisance and negligence…………………………………………16-17
Discussion……………………………………………………………………………18
Reference…………………………………………………………………………......19

INTRODUCTION
Tort Law
Tort law is a body of rights,
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Badly drafted construction contracts can open tortious liability between the parties, since there can be concurrent liability under both tort and contract.

There are three types of tortious actions relevant for construction contractors: * Negligence * Nuisance * Trespass

Trespassing

According to the legal definition of Lectric Law Library, trespass is an unlawful act committed with violence, ti et armis, to the person, property or relative rights of another. Every felony includes a trespass, in common parlance, such acts are not in general considered as trespasses, yet they subject the offender to an action of trespass after his conviction or acquittal. There is another kind of trespass, which is committed without force, and is known by the name of trespass on the case. This is not generally known by the name of trespass. In other words, trespass is the interference of a person’s right to the security of their property or land.

There are 3 types of trespassing: a) Trespass to persons b) Trespass to land c) Trespass to goods

In construction, trespassing to land usually refers to intrusion upon land in the possession of another person without permission or right. It can be by a person on the land, or by leaving something on or slightly over the boundary of the land.

The tort of trespass is actionable, however, even if no damage is suffered. Injunction can restrain trespass and if losses are

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