Exclusion Of Liability For Negligence Case Example

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(1) Obtaining an injunction to prevent further trespass; and/or (2) Seeking payment of a reasonable license fee through court proceedings Crane oversailing without permission is a trespass. In case (Anchor Brewhouse Developments Ltd v Berkeley House (Docklands Developments) Ltd (1987)), for example, the Berkeley’s crane oversailed Anchor Brewhouse’s land and was liable for trespass. Anchor Brewhouse succeeded in obtaining the injunction they were looking for as the Court found no “special circumstances” to prevent the injunction. From this case, the neighnouring owner may obtain an injunction from the court for the trespass even it is not need to show any damages and will stop the construction operations. The situation where the landowner …show more content…

Beside, before commencing construction works, they are advised to study the design of apartment that can be done to overcome the right of lights of adjoining owner. Effect of Exclusion Clause / Notice a. Exclusion of liability for negligence Section 2(1) UCTA provide an ineffective on any exclusion clause to exclude liability for death or personal injury caused by negligence unless liability for loss or damage (section 2(2)) In this case, Maxwell should put the exemption notice to prevent the occupier from being sued. Unless there are breach of duty to care arising in Occupier’s Liability Act 1957, if the children entering into the site without any reasonable care by the occupier and cause physical injury or death to children, the occupier or Maxwell will liable for negligence. b. Exclusion of liability of breach of contract In UCTA Section 3(1) and (2) cannot use an exclusion clause to avoid liability for breach of contract including fail to perform a contract unless it “fair and reasonable” c. Exclusion of liability for statutory implied terms in sale of good

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