Administrative Law

Download Architect's Legal Handbook. The Law for Architects by Anthony Speaight PDF

By Anthony Speaight

The Architects' felony guide (formerly often called the AJ criminal guide) has develop into the normal textbook for college students and an important workplace reference for architects and similar pros within the building undefined. This 5th version has been considerably revised and up to date to include the newest alterations within the legislation and contains a immense volume of recent fabric

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Extra resources for Architect's Legal Handbook. The Law for Architects

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The two stage test mentioned in Anns is no longer viable to decide whether there is a duty of care or not. It is now said that '. . the law should develop novel categories of negligence incrimentally and by analogy with established categories rather than by a massive extension of a prime facie duty of care . '. It would appear from this that new situations of liability in negligence will be harder to establish. The case also discusses the effects of D & F Estates v Church Commissioners. It has implications on the three exceptions mentioned in the above chapter.

Expenditure from the local authority. Whether or not he will have such right of recovery must depend on the particular facts of the case. (4) On the basis of the Peabody case [1985] AC 210, however, a local authority, in exercising these supervisory powers, will normally owe no duty to an original building owner, because it is normally incumbent on the building owner himself to ensure that the building is erected in accordance with the relevant building regulations, and it cannot have been the intention of the legislature that, save perhaps in exceptional circumstances, a local authority could owe a duty to a person who is in such breach.

It may be that it is only owed to the immediate client of the architect, but warning bells should be ringing and the case of Robert Leonard Estates v Robert Walpole should be remembered. On the other hand their Lordships were of the view that Parliament had placed sufficient statutory duties, by way of the Defective Premises Act 1972, on those involved in building that the Courts would be usurping the role of the legislature if they took any liabilities further than that Act. Accordingly it can be argued that the liability of professionals should not be extended further by way of Hedley Byrne v Heller principles.

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