Scribd
Upload
122 views

Assignment 3

The document provides instructions for a group coursework assignment on construction law. Students are to analyze a law case involving damage to a property caused by demolition and construction work on an adjoining property. They must prepare a written report and video presentation explaining their solutions to two issues: (1) whether liability is limited only to the first two defendants as owners based on a non-delegable duty of care, and (2) whether liability is jointly shared among all defendants as tortfeasors. The assignment aims to analyze tortious liability with reference to the case facts and other relevant case laws.

Uploaded by

The Shadow
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
122 views

Assignment 3

The document provides instructions for a group coursework assignment on construction law. Students are to analyze a law case involving damage to a property caused by demolition and construction work on an adjoining property. They must prepare a written report and video presentation explaining their solutions to two issues: (1) whether liability is limited only to the first two defendants as owners based on a non-delegable duty of care, and (2) whether liability is jointly shared among all defendants as tortfeasors. The assignment aims to analyze tortious liability with reference to the case facts and other relevant case laws.

Uploaded by

The Shadow
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 1

CONFIDENTIAL AP/QSM507/BQS507

UNIVERSITI TEKNOLOGI MARA

CENTRE OF STUDIES FOR QUANTITY SURVEYING


FACULTY OF ARCHITECTURE PLANNING AND SURVEYING

CONSTRUCTION LAW II (QSM507/BQS507)

COURSEWORK 3

Instructions:

a) This is a group assignment consisting of five (5) or six (6) members.


b) The submission should be in the form stated in the tasks by using good English.
c) Each member of the group shall be part of the group’s video presentation.
d) Issue: Week 11 and Submission: Week 13

COURSEWORK 3

THE TASK - Groups are required to prepare an executive written report video presentation containing
the following:

The group to analyse the following law case by explaining the reasons behind your solutions on the
given issues with reference to the tortious liability involved and with reference to other case laws as
examples:

Plaintiff A and Plaintiff B were the owners of a three-storey bungalow in Bandar Puncak
Alam, Selangor. First Defendant and Second Defendant were the owners of the lot
adjoining the Plaintiffs’ property. The other Defendants in the High Court were the
Architect (Third Defendant), the Independent Contractor (Fourth Defendant) and the Civil
Engineer (Fifth Defendant). The Plaintiffs had been residents at the Plaintiffs’ property
since 2001. In May 2009, the First Defendant and Second Defendant commenced work
on the neighbouring property with a view to demolishing an old structure and to construct
a two-storey (above) and three-storey (below) bungalow. The Plaintiffs complained that
as a result of the demolition works, the Plaintiffs’ property was damaged with cracks
appearing on the Plaintiffs’ bungalow and a large hole appearing in the garden. The
Plaintiffs thus commenced a suit against the Defendants in negligence. The Plaintiffs
alleged negligence on the part of the First and Second Defendants as Employers in
failing to oversee or supervise of rectify the acts or omissions of the Independent
Contractor. The evidence adduced through two experts disclosed that the loss and
damage suffered by the Plaintiffs was caused by the acts and omissions of the Fourth
and Fifth Defendants, and the First and Second Defendants in failing to supervise or
causing the Forth and Fifth Defendants to rectify the damage.

The issues that arose for consideration were: (i) whether liability should be limited to the
first two defendants only on the basis of the existence of a non-delegable duty of care;
and (ii) whether such liability was jointly shared amongst all other Defendants; as
tortfeasors.

(20 marks)

END OF TASK

You might also like