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Law and the Built Environment

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Table of Contents

Preface. Table of Cases. Table of Statutes. Table of Statutory Instruments. 1 The Administration of Law. 1.1 The nature of law. 1.2 Divisions of law. 1.3 Evidence in civil and criminal cases. 1.4 The common law. 1.5 Equity. 1.6 The sources of law. 1.7 European Community law. 1.8 The court system in England and Wales. 1.9 The Technology and Construction Court (TCC). 1.10 The Judicial Committee of the Privy Council. 1.11 The European Court of Human Rights. 1.12 Tribunals. 1.13 Arbitration. 1.14 Personnel of the law. 1.15 Judicial officers. 1.16 Juries. 1.17 Court procedure. 1.18 Procedure in civil actions. 1.19 The Human Rights Act (HRA). 2 The Law of Contract. 2.1 General principles. 2.2 Formalities. 2.3 Standard form contracts. 2.4 The essential elements of a valid contract. 2.5 Terms of a contract. 2.6 Vitiating factors. 2.7 Privity of contract. 2.8 Exemption clauses. 2.9 Discharge of a contract. 2.10 Damages. 2.11 Limitation of actions. 2.12 Equitable remedies. 2.13 Agency. 2.14 Business organisations. 2.15 Forms of contract in the construction industry. 3 The Law of Tort. 3.1 The nature of tort. 3.2 Liability in tort. 3.3 General defences in tort. 3.4 Tort and human rights. 3.5 Vicarious liability. 3.6 Negligence. 3.7 Nuisance. 3.8 Trespass. 3.9 Defamation. 3.10 Breach of statutory duty. 3.11 Employers liability. 3.12 Product liability. 3.13 Remedies and limitation periods. 4 Land Law. 4.1 The two types of property. 4.2 What is land? 4.3 Ownership of land. 4.4 Proving ownership of land. 4.5 Acquiring ownership by adverse possession. 4.6 Third party rights in land. 4.7 Easements. 4.8 Mortgages 206 4.9 Restrictive covenants. 4.10 The enforceability of third party rights. 4.11 Commonhold. 5 The Law of Landlord and Tenant. 5.1 The leasehold estate. 5.2 Types of leases. 5.3 Essential elements of a valid lease. 5.4 Formalities for the creation of leases. 5.5 Termination of leases at common law. 5.6 Covenants in leases. 5.7 Rent. 5.8 Rent review. 5.9 Repairing covenants. 5.10 User covenants. 5.11 Covenants against alterations. 5.12 Assignment and sub-letting. 5.13 Enforceability of covenants in leases. 5.14 Remedies for breach of covenant. 5.15 The statutory codes. 5.16 Private sector residential tenancies. 5.17 Business tenancies. 6 Public Law and Regulation. 6.1 Introduction. 6.2 Judicial review. 6.3 Building regulations. 6.4 Planning law. 6.5 Environmental impact assessment. 6.6 Water pollution. 6.7 Contaminated land. 6.8 Waste management law. 6.9 Emissions from buildings. 6.10 Health and safety at work. Index.

About the Author

Douglas Wood, BA, LLB, LLM, Solicitor, is senior lecturer inthe Staffordshire Law School at Staffordshire University. Afterworking in legal practice and the commercial property sector hebecame a full time lecturer in 1975. He is a member of theChartered Institute of Arbitrators and regularly gives lectures atcontinental universities on planning and housing law. Paul Chynoweth, BSc, LLB, Solicitor, is senior lecturerin law in the School of the Built Environment, University ofSalford. He is a solicitor, accredited commercial mediator and amember of the Chartered Institute of Arbitrators, and also holds afirst class honours degree in building surveying. He is the authorof The Party Wall Casebook and the editor of theInternational Journal of Law in the Built Environment. Julie Adshead, LLB, LLM is senior lecturer in the SalfordLaw School at the University of Salford. She currently leads CIBTask Group TG69 on Green Buildings and the Law and is a convenor ofthe UK Environmental Law Association, Water Working Party. She isalso the joint programme leader for the Construction Law andPractice master's programme at Salford. Jim Mason, LLB, Solicitor, is senior lecturer in theDepartment of Construction and Property at the University of theWest of England. He is a solicitor and an accredited commercialmediator. He is programme leader for the Quantity Surveying andCommercial Management programme and has recently established aMasters programme in Law for Construction Professionals inconjunction with Pinsent Masons solicitors.


"This textbook and reference for students in constructionmanagement or related programs provides a comprehensive overview ofkey concepts and cases that form the foundation of UK and EuropeanUnion construction and property law." (Booknews, 1 April 2011)

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