Tort Law in Construction

4239 words 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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In most jurisdictions, if a person were to accidentally enter onto private property, there would be no trespass as the person did not intend any violation. There will only be a criminal liability if there are aggravating circumstances such as criminal damage.
By law, trespass for mesne profits is a suit against someone who has been ejected from property that did not belong to them. The suit is for recovery of damages the trespasser caused to the property and for any profits her or she may have made while in possession of the property.
There are three main defences to trespass and they are as follows: 1. Necessity: In order to assume the defence of necessity there must be an actual or reasonably perceived danger in relation to the course of action taken by the ‘trespasser’. A common example is if one person swings their car in order to avoid a crash and ends up on somebody else’s land. In theory they are trespassing as they are making a direct and unjustifiable interference with the land; they may also not have been in danger from the oncoming vehicle. However, there was certainly a perceived danger and so there will be no trespass. (However, it may be that if they caused damage there will be a different type of claim.) 2. Licence: If you invite somebody onto your land then you have given them an implied licence and they are

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