5CN022 – Construction Law: Property Law
Learning outcomes:
- LO1 You will develop knowledge and understanding of the legal framework in which the built environment and in particular the construction industry operates and apply that knowledge through the use of case analysis.
- LO2 You will develop awareness of relevant UK legal requirements governing the built environment and civil engineering activities, including personnel, health and safety, contracts, intellectual property rights, product safety and liability issues.
- LO3 You will be able to evaluate – critically appraise arguments and evidence, be able to draw conclusions, justify a solution, and discriminate between differing solutions
- LO4 You will analyse and synthesise – provide a critical review, be able to summarise an issue and a possible solution, organise, analyse and interpret data and draw out conclusions
- LO5 You will apply skills in problem solving, communication, information retrieval, working with others and the effective use of general IT facilities.
Marking Criteria
- Each question carries equal marks
- Marks are awarded for the correct answer with appropriate references to textbooks, cases and statutes in accordance with the attached Level 5 Performance Descriptors
Assignment Task
You are advising the directors of “Delightful Developers Ltd”. They are new to development and construction and have asked you to advise them about their following concerns:
- The directors are anxious to comply with the law. Explain the sources of law to them including legislation and judicial precedent.
- Delightful Developers are building a new retail park. The retail park’s neighbour, Fabulously Fit, has complained about dust coming into their gym and tower cranes swinging over their running track. The local residents are complaining that the road next to the site has been blocked for too long because the project is delayed. Advise Delightful Developers about the torts they may have committed including reference to relevant case law.
- Delightful Developers is looking for new offices. Advise the directors of the difference between freehold and leasehold estates. Including reference to relevant case law, explain the difference between a fixture and a fitting.
- The directors are worried about the consequences of being found to be negligent. Including reference to relevant case law, advise them of the elements required for negligence to be established and the basis on which damages for negligence are calculated.