Analysis of Tortious Liability.

Essay by thatstoobad2002University, Master'sA, June 2004

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Building Law

Analysis of Tortious Liability

Course: NC Building Studies

Year: 4

Assignment: No. 1

Student: Adam Toogood



There was a company named MAJ Engineering and they decided to open a new commercial facility for storing toxic chemicals. MAJ Engineering contracts with Builders Ltd. for a new extension to its premises to accommodate this new business venture. In turn Builders Ltd. sub-contract the roofing work to Slaters Ltd.

Whilst working late one evening, Ady and Brian, employees from Slaters Ltd. decide to review their work. They notice that several of the slates have come loose in high winds but decide that there is insufficient risk to warrant repairing the roof that evening. Both Ady and Brian get into the works van and return home. On their way they stop and have three pints of beer, and when they continue their journey they have a collision with Maria. Maria is badly injured in the accident and suffers nervous shock.

The follow day, Ady and Brian fail to turn up for work and forget to report the damaged slates, which unbeknown to them have been noticed by both MAJ Engineering and Builders Ltd. Later that day severe winds cause a number of slates to fly off,

some of which hit a chemicals container that ignites. A fire quickly ensues and spreads, destroying the factory and damaging neighbouring land and property. Work has to stop in several factories and the smoke from the fire spreads to a housing estate in close vicinity.


Task One (1)

Discuss the liability of MAJ Engineering for the damages that is caused to the neighbouring factories as well as the properties on the housing estate.

In order for us to look into the liability of MAJ Engineering regarding the damages caused to the surrounds area...