err0t6 TORTSinconsructonindstry TORTSinconstructionindustry TORTS IN CONSTRUCTION INDUSTRY"Tort” — derives from the Latin word, "fortus” (crooked or twisted), ~-derives from the Norman ~ French word, meaning “wrong It denotes certain civil wrong (and not criminal wrong). Lord Denning... “The province of tort is to allocate responsibility for injurious conduct’.Salmond:*A civil wrong for which the remedy is a common-law action for unliquidated damages, and which is not exclusively the breach of contract or the breach of trust or other merely equitable obligation” Windfield “tortious liability arises from the breach of a duty primarily fixed by law; such duty is towards persons generally, and its breach is redressible by an action for unliquidated damages”. In relation to contruction industry, 3 types of tortous action involve: i.e, Trespass Nuisance Negligence Parties Involve Involving Contractor Subcontractors (of work) Professionals Other third parties Vicarious LiabilityEmployer - employees’ relationshipLiability lies in respect of i ‘Awrongful act or omission expressly or impliedly authorized by the employer; elpakww hb um myfaaitri him 18err0t6 TORTSinconsructonindstry Awrongful act or omission which is an unauthorised manner of doing something authorised by the employer; or Awrongful and unauthorised act of omission which is ratified by the employer to land entry on the land of another remaining on the land of another placing or throwing any material object upon the land of another “unlawful act or omission which endangers or inter-ferers with the lives, safety or confort of the public generally or of some section of the public, or by which the public, or some section of it, is obstructed in the exercise of a common right" eg. obstruct highway erect or factory which emits excessive smoke, fumes or dirt Itis also a crime“unlawful inter-ference with a man’s use of his property, or with his health, confort or convenience”. It is a wrongful act or omission causing: material injury to property; or ii, sensible personal discomfort Based on the “duty to take care (by the defendant) to the plaintiff that the duty had been breached, that as a result the plaintiff has suffered damage’ Negligence misstatementContributory negligenceStrict, liability under the rule of “Ryland v Fletcher’ Defences a. Volenti non fit injuria {no injury can be done to a willing person) b. Mistake of fact c Necessity 4. Inevitable Accident e Statutory authority elpakww hb um myfaaitri him 28eats ‘TORTSinconsiruconinasty f. Self-defence 4 Trivility TORTOUS LIABILITYA looking back:THE PLAYERS INCONSTRUCTION INDUSTRY ISSUES & EFFECTS Tortous acts without excuse cause delay to the project; incure extra costs incures; unnecessary extra works; branded as “unprofessional professional"; black-listed for future & futher business; and isharmony” in the industry elpakww hb um myfaaitri him