|Case Law Analysis|
|Assessment submission deadline||30th October 2023
No later than 15:00
|Feedback due by||3 Weeks after submission|
* Percentage of the module mark this assessment relates to
The module learning outcomes relevant to this assessment (either assessed in part or full) are listed below:
LO4 Examine and appraise the legal context of construction and real estate.
- Each student will be required to prepare and submit a 1250 words case law analysis as detailed below.
- Each student is required to select a specific case from the provided list in Table 1 for study. These cases are all related to the construction industry and have been subject to a court judgement in the relevant country. Your task is to locate the full court judgement for the case you’ve chosen,study it thoroughly to understand the details, legal and practical implications,then write a report of your analysis of the case in accordance with section 3 below.
- Once you have decided on your case, send an email to firstname.lastname@example.org with the case number. Send case numbers for your 1st, 2ndand 3rd choice cases in a clear order of preference. The final allocations will be published on Weblearn.
- Failure to pick a case will result in you being allocated a case by the module leader.
Table 1: Construction cases with decided judgements in various jurisdictions
|UNITED KINGDOM||1||Williams Tarr Construction Ltd v Anthony Roylance Ltd & Anor |
|2||Bechtel Ltd v High Speed Two (HS2) Ltd |
|3||Solutions 4 North Tyneside Ltd v Galliford Try Building 2014 Ltd |
|4||Sleaford Building Services Ltd v Isoplus Piping Systems Ltd |
|NIGERIA||5||Monier Construction Company Ltd v Tobias I. Azubuike |
|6||Adecentro (Nigeria) Ltd v Council of Obafemi Awolowo University |
|7||West Construction Company Ltd v Santos M. Batalha |
|8||CitecInternation Estates Ltd vs. Edicomisa International Inc. & Ass. |
|INDIA||9||Rasmala Trade Finance Fund vs Raman Gupta |
|10||National Highway Authority of India vs Gvk Jaipur Expressway Pvt. Ltd |
|11||Union Of India vs M/S. Puna Hinda |
|12||Dulari Devi vs Delhi Building And Other Construction Workers |
|HONG KONG||13||HKSAR v Fugro Geotechnical Services Ltd |
|14||Liao Jin v Yick Hing Construction Co Ltd |
|15||Bespark Technologies Engineering Ltd. v A Tech M&E Engineering Ltd |
|16||Memoran Co Ltd v The Incorporated Owners of Mei Hing Mansion |
- The case law analysis should be submitted in PDF file format.
- The legal case analysis should cover:
- A summary of the main facts of the case with details of the key parties involved.
- A timeline showing events, times and key dates in each case.
- Key points of law covered in each case together with relevant legal principles.
- An analysis of the appropriateness of any judgements made and your opinion/critique of the case.
- An explanation of how the judgment of the case could impact you in your professional role in the future.
- Submission is via Turnitinsubmission link on Weblearn.
- The case law analysis will be assessed using the following criteria:
|Clear and comprehensive description of the facts of each case.||15%|
|Detailed timeline of events and relevant parties or stakeholders.||15%|
|Clear reference to relevant points of law in the case.||40%|
|Critical discussion on the appropriateness of judgements, and any potential impact on construction professionals in the future.||25%|
|Good presentation and academic writing.||5%|
- It is important that your assessment shows academic integrity.You must ensure that you reference sources you have used and check the originality of your work before submission.
- If you do not adhere to these academic standards it may lead to allegations of plagiarism and academic misconduct, which will be investigated by the Student Casework Office.
- Further advice is given in the Module Handbook and in the University’s academic regulations.
- Referencing your sources is essential for academic work and is a means of avoiding accusations of plagiarism. The School of the Built Environment use Harvard More information this can be found in the London Met Library in the referencing and copyright section.
- The Mitigating Circumstances process is designed to assist students who have been affected by mitigating circumstances during their studies.
- The University defines ‘mitigating circumstances’ as:
circumstances that are acute, severe, unforeseen and outside a student’s control, that occur immediately before or during the assessment period in question.
- If a student attends an assessment, submits a piece of coursework etc., they are declaring that they are fit to take the assessment and any mitigating circumstances claim submitted in respect of that assessment will be invalid.
- If your circumstances are such that you cannot submit on the deadline day you shouldsubmit a mitigating circumstances claim for non-submission supported by appropriate independent evidence.
- Mitigating circumstances claims must be submitted within two weeks of the submission deadline for the assessment or the date of the examination concerned. However, you are advised to submit claims as soon as possible.
- Further information, including how to submit a claim, can be found using the link below.
Further information is available on the module page of Weblearn and in the Module Handbook.
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