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1 – 10 of over 1000The purpose of this paper is to demystify the meaning of the term “consequential loss” in relation to the practice of construction law. Parties may have different understandings…
Abstract
Purpose
The purpose of this paper is to demystify the meaning of the term “consequential loss” in relation to the practice of construction law. Parties may have different understandings of the term and typically an exclusion clause will not solely relate to consequential loss, but will also include other heads of losses for which the party will not be liable for, such as loss of profit, loss of revenue and loss of business.
Design/methodology/approach
The question emerges as to whether the term consequential loss has a definitive legal meaning in its own right. This study seeks to ascertain the definition of the term consequential loss within the construction industry through a review of the legal position regarding liability for breach of contract and consequential loss through the consideration of the case law relating to this topic and the associated secondary sources of information.
Findings
The study concludes by elucidating a clear interpretation of the term consequential loss and guidance of how it should be used in contract law.
Originality/value
Recent cases and established authorities are considered together for the first time in this work which assists in the development of legal principles of direct and indirect losses and the determination of how they apply to the built environment.
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The paper aims to examine the judicial approach to some aspects of contract damages in England and Wales, Australia and New Zealand.
Abstract
Purpose
The paper aims to examine the judicial approach to some aspects of contract damages in England and Wales, Australia and New Zealand.
Design/methodology/approach
The paper is an analysis of judgments of the three jurisdictions and academic commentary.
Findings
Generally, there is uniformity in the assessment of damages in the jurisdictions discussed as is illustrated with liquidated damages and the adherence to the judgment of the House of Lords. However, the same adherence is not evident in the case of lower court judgments in the controversial area of “consequential loss”. Although not a remedy, it is an integral part of the assessment of damages process when included in exception clauses.
Originality/value
The research highlights the need for knowledge of the legal issues to ensure that the contract covers what is intended so that a party is not without a remedy when the contract fails.
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Oluwole Alfred Olatunji and Abiola Akanmu
Building information modelling (BIM) offers a new direction of project implementation. It promotes integration of multiple lifecycle stages as well as multidisciplinary…
Abstract
Purpose
Building information modelling (BIM) offers a new direction of project implementation. It promotes integration of multiple lifecycle stages as well as multidisciplinary integration; whereas conventional approaches are primed on fragmentation. The purpose of this paper is to add to existing debates on the relationship between the rationality of the legal structures underlying fragmented project delivery and BIM’s ability to successfully foster integration across different lifecycle stages. A step further from extant arguments on whether BIM could be sufficiently serviced by the same legal provisions that had serviced fragmented relationships, the study opens up some new fronts regarding the consequences of shared trusts and reciprocity in an integrated project platform.
Design/methodology/approach
In addition to a deep analysis of traditional literature on BIM and project management, the study draws its strength from two recent court cases on the limitations of disclaimers against breaches. It also targets court decisions on consequential loss and the duty of care to explain project team’s liabilities when BIM could not live to its theorized promises.
Findings
The study shows that disclaimers are a weak protection against liabilities. As BIM offers a dynamic project environment, the study relies on decided cases to show that duty of care to a project (and its owners) is not entirely representable by prototype contract language. More importantly, the study concludes that the applications of BIM to facilities management are better supported on BIM’s new dimension of multidisciplinary integration, rather than a mere coalescing of deliverables across different lifecycle fragments.
Originality/value
This work presents a novel approach to the debate on the potentiality of BIM to drive project success. It adds to the growing discourse on the legal implications of BIM by considering the potential of digital models as a valid and admissible contract instrument.
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Milton Boyd, Jeffrey Pai and Lysa Porth
The purpose of this research is examine the development of livestock mortality insurance, and associated challenges, in order to provide an improved understanding regarding the…
Abstract
Purpose
The purpose of this research is examine the development of livestock mortality insurance, and associated challenges, in order to provide an improved understanding regarding the operation of livestock mortality insurance.
Design/methodology/approach
In a many countries, livestock mortality insurance has been either unavailable or underdeveloped. A descriptive analysis is provided regarding the background and development of livestock mortality insurance, along with an example.
Findings
Livestock mortality insurance is considerably more complex than crop insurance, and some of the complexities of livestock mortality insurance include multi‐stage production, consequential losses, occasional large event losses, animal health management, moral hazard, and adverse selection.
Originality/value
This study provides background and development information regarding livestock mortality insurance, and also highlights a number of important differences between livestock mortality insurance and crop insurance.
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Looks at the latest developments in insurance and its relevance forfacilities managers. Any shortcomings in policy coverage are exploitedfully thereby causing distrust between the…
Abstract
Looks at the latest developments in insurance and its relevance for facilities managers. Any shortcomings in policy coverage are exploited fully thereby causing distrust between the parties involved. Shows that although insurance has a low priority, it is in a firm′s favour to have good cover.
This paper aims to explain the changes to the liability regime for nuclear installations before reviewing the traditional heads of damage under the 1965 Act. It argues that while…
Abstract
Purpose
This paper aims to explain the changes to the liability regime for nuclear installations before reviewing the traditional heads of damage under the 1965 Act. It argues that while there is some welcome clarification of what amounts to an “occurrence” in the purposes of the 1965 Act, disappointingly, little has been done to clarify how concepts of personal injury and property damage under the Act sit alongside traditional tort notions leaving the law highly dependent on earlier, but not always consistent, case law. The paper then goes on to consider the impact of the new categories of compensation, introduced by the Order, evaluating the extent to which these draw upon EU law structures for environmental impairment liability. Again, it questions whether this approach will achieve sufficient clarity and certainty.
Design/methodology/approach
This paper is a desk-based legal research.
Findings
This study is a discussion of statutory material and case law.
Originality/value
This paper is a first in-depth treatment of changes to liability principles in the Nuclear Installations Act 1965.
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In recent years, increasing attention appears to have been paid by information professionals to issues of professional negligence and liability. Key legal issues are discussed…
Abstract
In recent years, increasing attention appears to have been paid by information professionals to issues of professional negligence and liability. Key legal issues are discussed, and negligence and liability is examined in the electronic domain. It is suggested that the commercialisation of the information marketplace and growing awareness of negligence and liability issues are encouraging information professionals to look to a mixture of law, ethics, and self‐interest for personal and professional effectiveness and security.
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Five years ago, Junior Books v Veitchi [1983] 1 AC 520; 2/1 SS 58 was feared by professionals to be the opening salvo by the courts in an attack which would expand the scope of…
Abstract
Five years ago, Junior Books v Veitchi [1983] 1 AC 520; 2/1 SS 58 was feared by professionals to be the opening salvo by the courts in an attack which would expand the scope of tort rights at the expense of the sanctity of contractual arrangements. Since then, however, most courts have found ways of ignoring, side‐stepping or rewriting that infamous House of Lords judgment. Recent decisions by the Court of Appeal provide strong evidence that the most far‐reaching implications of Junior Books have been resisted. Indeed, it will be seen that the relationship of tort and contract may be even less favourable to Plaintiffs today than it was in the period immediately prior to that landmark.
Discusses the problems which may be encountered by a propertypurchaser in connection with the title offered by the vendor. Considersthe variety and applicability of legal…
Abstract
Discusses the problems which may be encountered by a property purchaser in connection with the title offered by the vendor. Considers the variety and applicability of legal indemnity policies, which can be individually written to cover the purchaser′s request. Concludes that a number of types of cover exist which can assist in a fast property sale.
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