By Gregory Stone, Anthony Speaight
Architects should have adequate figuring out of the legislations at the least to spot the character of any felony factor that arises. This ebook can be an integral reduction to each architect in assembly this problem, for it's the unmarried coherent advisor to the legislations for architects. This variation has been restructured to make reference more straightforward and new chapters extra. larger emphasis is put on how eu group legislation impacts architects.
More concise than ever before
Most vital felony booklet for architects
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Extra info for Architect’s Legal Handbook
Sample text
But a statement of opinion ‘I believe such and such . ’ can be a representation and can therefore be a misrepresentation if the representor does not actually hold the belief, because, as Bowen LJ explained: ‘The state of a man’s mind is as much a fact as the state of his digestion. It is true that it is very difficult to prove what the state of a man’s mind at a particular time is, but if it can be ascertained it is as much a fact as anything else. 04 A somewhat more surprising line of authority holds that ‘mere puff’ or sales-speak does not constitute a representation.
09 If the breach ‘goes to the root of the contract’ or deprives the party of substantially the whole benefit the contract was intended to confer on him, then he will be entitled to treat the contract as at an end. 10 If one party evinces an intention not to continue to perform his side of the contract then the other party may again treat the contract as at an end. 11 In all three of the circumstances described above the innocent party has a choice as to whether or not to treat himself as discharged.
01 Armed with the information derived from this chapter a prospective claimant should have some idea of what his contract is, whether it has been breached, what he can do about it, and who he should sue. There is one more point to consider. 02 An action for breach of contract must generally be commenced within six years. Time begins to run – the six years starts – when the contract is breached. This may mean that the claimant can sue before any real physical damage has been experienced. Suppose the defendant is an architect who has, in breach of contract, designed foundations for a building which are inadequate, and it is clear that in ten to twenty years’ time the building will fall down if remedial works are not carried out.