Contractual disputes arise due to a series of factors, combined in various ways to produce arguments and disagreements.
Category: Construction Law
Law of Contracts – Basic Legal Issues
A contract is an agreement between parties. It is binding in law. It means the rights and obligations of the parties under a contract may be enforced by the courts.
Law of Delict – Case Study
The term “Delict” used in the Roman-Dutch law denotes a wrongful act by one person in the society against another in breach of the legal rights of the latter. This wrong would give rise to a civil action for damages against the wrongdoer
Tort Law – The parties & Vicarious Liability
Any victim of a tort can sue. However, a minor must sue by his ‘next friend’. A minor can sue for injuries incurred before birth. For example, physical deformities caused by a drug taken by his mother provided that he is born alive.
Tort Law – Historical Development
Until 1932, it was believed that if a contract exists, no rights in tort could apply to the same facts. However, the decision in the case of Donoghue v Stevenson set off an explosion in the scope of tortuous liability.
Law of Tort – An Introduction
The law of tort lays down the boundaries of when liability for the injury arises. It balances the interests of the person who has suffered the injury and wishes to recover damages for that loss, against the interest of the person who caused the injury.
SKILLS OF NEGOTIATIONS
Negotiation is the most cost efficient method to resolve construction dispute as it is informal. In addition, it is speedy and non-complex in nature.
SALE OF GOODS – IMPLIED CONDITIONS – Sri Lanka
Sale of Goods is the most common way on which ownership passes from one person to another, that is from seller to buyer. Since this is a contract, law of contract would prevail generally. Additionally, there is a specific law – Sale of Goods Ordinance, no: 11 of 1896.
SECURITY OF PAYMENTS in Sri Lankan Construction Industry
According to Department of Census and Statistics of Sri Lanka, the construction industry has contributed highest share – 7.5 percent – within the industry sector in the year 2019. It grew by 4.0 percent during the year 2019, when compared to the year 20181. For Gross National Income (GNI), it was nearly one thousand billion SLR for the year 20182. It is more than twenty five percent of the GNI of the whole industrial sector. Therefore, any disruption in the process of the construction industry may destabilize the industry, thus giving a huge impact to the economy of the country.
DOCTRINE OF COMPETENCE – COMPETENCE
Arbitration is becoming a well-accepted alternative dispute resolution mechanism for many of those disputes.
Legal Systems in Ancient Sri Lanka
Sri Lanka does not have written confirmations about the legal systems that prevailed during pre colonial days.