Law for the Built Environment Essay Example | Topics and Well Written Essays - 1750 words

Law for the Built Environment - Essay Example 1.Professional Negligence: In Blemain case, it was held that where a professional employing his decision and skill fails to accomplish his obligations as per the standards anticipated from him, then he will be accountable for negligence. Under English Law, a valuer cannot be found to be fault for deriving an outcome which does not acknowledge some magnitude of error as held in Friedlander Ltd case. If a professional valuation is subjective in nature but deviation of more than ten percent to fifteen percent will be suggesting that there has been professional negligence as held in the above Friedlander case. Despite the fact that a valuation figure has been arrived at by an incorrect approach, or in the application of the approach, if, nevertheless, an acknowledgeable value has been arrived at, there may not be any adequate corroboration of actionable negligence since, in actual fact, no loss might have been borne on footing upon the decision held in Mount Banking Corp case. In Kenney case , an estate agent was held accountable for overstating negligently the value of a client’s home. ... It is to be cautioned that coveyance deed executed between the Most Noble Bernard Marmatluke Duke of Norfolk –( seller) and the buyer the Public Trustee and Henry Hardwick & Sons Limited on 31st July 1867 states that Matilda property was jointly owned by a public trust and Henry Harwick. It is unclear how land held by a public trustee jointly with Henry Hardwic & Sons Ltd can be later transferred by Henry Hardwick & Sons Ltd alone to Majesty Pony & Trap Services Ltd (buyer) on18th March 1911. In 1911, conveyance was made to Majesty Pony without the consent or authorisation of the Public trustee. Thus , a public trust is one, which owns inviolable privileges in some lands and in spite of the title ownership and that the government keeps some rights in such lands in trust for the public. Hence, transfer of title of land of Matilda property subsequently itself is void. As such, it is suggested to take appropriate legal opinion in this aspect before buying the Matilda property. 1. 2 Professional’s personal Liability A personal duty of care is owed by a professionally qualified person who is tendering advice in his field of expertise to the person who relied on his advice as held in Merret case. The builder and the designer could be held accountable under professional negligence for employing construction materials, which proved to be not suitable or harmful to health under the s1 of the Defective Premises Act, 1972. Further, under s6 of the Health and Safety Works Act, 1974, there is duty imposed on manufacture of a product to make sure its safety for its usage at any work. Under s12 of the Buildings Act, 1984, quality construction materials should be used otherwise,