Construction Contract Law Assignment

Bachelor of Applied Science (Construction Management) BUIL1253 Construction Contract Law Individual Assignment Question 01 Instructions

1. This Assignment carries 50% of your Overall Exam Grades

2. Date of Issue: 24-Feb-2016 0001hrs

3. This Assignment is due for Submission via online on or before: 09-Mar-2016 2359hr

4. Typewritten or Handwritten Assignments

4.1 Format:

a. Top Line:

RMIT-SIM, Bachelor of Applied Science (Construction Management)

BUIL1253 – Construction Contract Law

Name of Lecturer: Mr Adrias Tan

Name of Student: ____ Matric No.: _____ Date: _____

Assignment No. _____ Subject Title: _____

SIMConnect email address: _______

b. Keywords; Abstract

c. Contents Page

Contents Text (Max No. of Words: 1,500)

Footnotes, References & Bibliography

4.2. Page Layout

a. A4-sized paper, 1½” left margin, 1″ right margin, 0.5″ top and bottom margins

b. Line spacing 1½ lines (or equivalent) – if you have long quotations which you ‘display’, ie indent as separate paragraphs, use single line spacing for these

c. Add a spare carriage return (paragraph) between each text paragraph, or add the equivalent of an extra line of type as space before or after each paragraph

d. Either fully justified text or left-hand justified text (ie ragged right-hand edge), you may choose to have your main text with one choice of justification and your footnotes with another

e. Main text in Arial or Times New Roman, 12 point, all in black

f. Footnotes single-spaced at 10 point – the Word default

4.3. Guidelines

a. “Quotations, obiter dicta, per curiam, etc to be in quotation marks and italicised”

b. Case Law to be quoted as

Claimant v Defendant [YYYY] Name of Court PageNo, eg

Donoghue v Stevenson [1932] AC 542

c. References, Bibliography, to be quoted as

Title of Book or Article, Name of Author, Name of Publication or Book Title, Year of

Publication

g. Handwriten

underline all quotations, case law references and quotation references, all in black ink

h. Online Submission

Non-editable, PDF copy preferred

 

 

 

 

 

Bachelor of Applied Science (Construction Management) BUIL1253 Construction Contract Law Individual Assignment Question 01

 

Question No 01

Answer all the questions:

1(a) From case precedents set by several court judgments, the common law no longer needs a separate requirement of an evidentiary intention to create legal relations. Any function this requirement performed is now performed by the requirement consideration.

Discuss.

1(b) Distinguish between contracts which are illegal as formed and contracts illegal as performed. Provide case laws to substantiate your answers.

Question No. 02

Mrs Dolly Dane organised a poolside birthday party at the outdoor gardens of her sprawling landed property for her daughter Diana. She invited Diana’s classmates and close friends to the party.

A large marquee was erected and she borrowed an outdoor stage from the local community centre. The stage had been purchased by the community centre some years ago and had been manufactured by GC Tents and Marquees Pte Ltd. The stage was used for occasional local road shows and performances and usually assembled and stored away by the cleaners and technicians employed by the town council. There had been an explanatory and instruction booklet for the assembly of the stage, but it had been lost. The workers had used the same stage on several occasions without any mishaps.

Dolly hired a magician, Peter, to entertain the children during the party. He set up his equipment on the stage and also invited ten children on to the stage to take part in or watch his magic tricks. The stage suddenly collapsed during his act, and Peter and two other children were thrown off the stage. Peter the Magician suffered a broken leg, while one of the two children Amos was a delicate child with brittle bones and he suffered permanent injuries. The second child, Beatrice, who was asthmatic, was traumatized when she saw the incident and suffered a panic attack although he was not injured, but was brought to hospital as a precautionary measure. While the three were being ferried in an ambulance, the ambulance was caught in a horrific traffic jam and took longer than usual for the injured parties to arrive at the hospital. As a result, Peter’s leg became gangrenous and had to be amputated, which resulted in his being unable to work as a Magician as this involved him standing for long hours. Beatrice condition worsened and died from a severe lack of oxygen.

The evidence is that the stage had been correctly erected, but the weight of the children and equipment were in excess of that specified in the manufacturer’s instructions as the maximum acceptable load.

Advise Dolly, Peter, Amos and the estate of Beatrice.

An evidenced Individual Paper Peer Review of no less than two students is to be encouraged. No two papers are to be similar or identical in contents and wordings, of which both will be marked as “ZERO” marks without exception or discretion.

 

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