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Galbraith's Building and Land Management Law for Students - Anne Galbraith

Galbraith's Building and Land Management Law for Students

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Published: 15th November 2010
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Ideal for first year Undergraduate students taking law modules on Construction, Surveying, Planning and Engineering courses, Galbraith's Building and Land Management Law for Students is an excellent overview of the key legal issues in the construction industry.

Clearly written and wide ranging coverage of key legal principles by construction lecturers and professionals, this textbook highlights the need for students on construction related courses to access information on how the law relates to them, without getting into the dry, heavy detail of the full scale legal texts.

This sixth edition has been fully updated and covers the latest JCT Standard Form Building Contract requirements and key EU directives, including Corporate Manslaughter, Employment Law, Tenant Planning Law regulations and Health and Safety acts.



Gives a clear grounding on legal issues in plain English
Fully updated to cover the latest JCT contract requirements and key EU directives
Written by major names in Land Management Law Guidance

"Any student who absorbs the contents of this book will have little difficulty when he or she starts practice" - Architect and Surveyor

Preface to the sixth editionp. ix
Table of statutesp. xi
Table of casesp. xvii
The nature of lawp. 1
Introductionp. 1
New legislationp. 3
Pressure groupsp. 7
Delegated legislationp. 8
Statutory interpretationp. 9
Judicial precedentp. 11
Common law and equityp. 14
The European Convention on Human Rightsp. 14
The United Kingdom and the European Unionp. 29
The institutions of the EUp. 30
Sources of EU lawp. 32
EU law in United Kingdom courtsp. 33
The supremacy of EU lawp. 33
Settlement of disputesp. 35
Self-helpp. 35
Court proceduresp. 36
Civil casesp. 36
Criminal casesp. 44
Tribunalsp. 51
Arbitrationp. 52
Administrative dispute resolution (ADR)p. 54
Administrative controlp. 56
Affording the lawp. 56
The legal professionp. 59
Central and local governmentp. 61
The structure of central governmentp. 61
Procedure of the House of Commonsp. 64
The committee system of the House of Commonsp. 66
Financial procedures of the House Commonsp. 67
The Civil Servicep. 68
The structure of local governmentp. 69
Control of local authoritiesp. 70
Bye-lawsp. 73
Non-departmental public bodiesp. 73
Challenging decisions made by public bodies in the courtsp. 73
Business organizationsp. 86
Partnershipp. 86
Company incorporationp. 87
Creating a companyp. 88
Public and private companiesp. 90
Management of a companyp. 91
Company financep. 93
Winding up of companiesp. 95
Limited liability partnershipp. 98
The law of contractp. 100
The nature of a contractp. 100
Formation of the contract-agreementp. 101
Considerationp. 106
From of the contractp. 113
The contents of the contractp. 117
Misrepresentation and mistakep. 127
Other factors affecting validity and enforceabilityp. 134
Illegal contractsp. 136
Discharge of the contractp. 139
Enforcing the contract-remedies for breachp. 149
Special contractsp. 156
Agencyp. 156
Sale of goodsp. 163
Supply of goods and servicesp. 171
Hire purchase, credit sales and conditional salesp. 172
Other methods of consumer protectionp. 174
Insurance contractsp. 175
Special contracts-building contractsp. 184
Control of work under a building contractp. 184
Tendering for building contractsp. 187
JCT Standard Building Contractsp. 188
Subcontractsp. 195
Employment lawp. 196
Employment and self-employmentp. 196
Creation of a contract of employmentp. 200
Duties of the partiesp. 203
Statutory rights for employeesp. 209
Protection against discriminationp. 211
Termination of contract of employmentp. 216
Unfair dismissalp. 217
Remedies for unfair dismissalp. 222
Tribunal procedurep. 223
Redundancy paymentsp. 224
Employees and trade unionsp. 225
Trade disputesp. 232
The law of tortp. 235
Introductionp. 235
Trespassp. 237
Nuisancep. 239
The rule in Rylands v. Fletcherp. 246
Negligencep. 248
Breach of statutory dutyp. 274
Defective productsp. 275
Vicarious liabilityp. 277
Health and safetyp. 280
The background to legislationp. 280
The Health and Safety Commission and Executivep. 282
The Health and Safety at Work etc. Act 1974p. 284
Provision and Use of Work Equipment Regulations 1998p. 295
Control of Substances Hazardous to Health (COSHH) Regulations 2002 (as amended)p. 295
The Factories Act 1961p. 296
Construction regulationsp. 296
Corporate Manslaughter and Corporate Homicide Act 2007p. 299
Compensation for injuries at workp. 300
Land lawp. 303
Classification of popertyp. 303
What is land?p. 304
Freehold and leasehold estatesp. 306
Interests in landp. 307
The conveyancing processp. 308
Trustsp. 314
Co-ownershipp. 315
Rights and duties of owners of landp. 317
Access to Neighbouring Land Act 1992p. 317
Party Walls etc. Act 1996p. 318
Easementsp. 318
Profits a prendrep. 320
Licencesp. 321
Restrictive convenantsp. 321
Mortgages of landp. 323
Adverse possessionp. 234
Landlord and tenantp. 325
Leases and licencesp. 326
Assignment and sublettingp. 327
Enforcing covenantsp. 328
Covenants in leasesp. 330
The obligation to repairp. 332
Security of tenure: termination of a tenancy at common lawp. 338
Business tenancies (Landlord and Tenant Act 1954, Part II)p. 341
Residential tenanciesp. 351
Residential tenancies of flats: Landlord and Tenant Act 1987p. 367
Rights of tenants of flats with long leases to purchase the freehold or an extended lease (Leasehold Reform, Housing and Urban Development Act 1993)p. 369
Council and other public sector tenants: Housing Act 1985p. 370
Planning lawp. 374
Central and local planning responsibilitiesp. 374
Development plansp. 374
Developmentp. 376
Operationsp. 376
Change of usep. 377
Permission under the General Permitted Development Order 1995p. 378
Simplified planning zonesp. 379
Restrictions upon development imposed by covenants relating to freehold land or in leasesp. 380
Making a planning applicationp. 380
Planning obligations and the Community Infrastructure Levyp. 383
Appealsp. 383
Planning enforcementp. 384
Planning and the preservation of amenityp. 386
Financial problems-compensation and bettermentp. 389
Highwaysp. 390
Introductionp. 390
Acquisition and ownership of highwaysp. 393
Upkeep of the highwaysp. 393
Standard of the highwayp. 394
Heavy trafficp. 395
Streets and street worksp. 396
Closing and obstruction of highwaysp. 399
Building and improvement linesp. 402
Building Regulationsp. 403
Purpose and scope of the Building Regulationsp. 403
Enforcement proceduresp. 404
Defective and dangerous buildingsp. 404
Indexp. 407
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9780080966922
ISBN-10: 0080966926
Audience: Tertiary; University or College
Format: Paperback
Language: English
Number Of Pages: 440
Published: 15th November 2010
Dimensions (cm): 22.9 x 15.2  x 2.8
Weight (kg): 0.63