Instructions to students
Your supervisor, Tony Jackson has just received an email from Alan Jones of Northumbria Developments Limited (‘NDL’). NDL owns a site in Newcastle upon Tyne which is being developed to create new student accommodation. NDL have entered into a contract for phase one of the scheme with Clipper Plc. Work has yet to commence for phases two and three. NDL have encountered some problems about which they are seeking professional advice. Tony has asked you to carry out some research into these issues so that he is fully briefed before meeting with the client.
You must choose THREE of the following issues to consider within your submission.
Phase One of the project is nearing completion but it has recently come to NDL’s attention that instead of fitting black window frames (as required in the contract specification) white window frames have been fitted by Clipper Plc.
Within phase two of the scheme (where construction has yet to commence) there are a number of derelict warehouses. One of Clipper Plc’s project manager has recently informed NDL that they believe teenagers may have been using one of the empty buildings for parties. Alan is concerned about whether NDL could be at risk of claims if anyone is injured on their property.
Within phase two of the scheme part of the site is being used as a pay and display car park. The car park is managed by North East Car Parks Limited (‘NECPL’) which has been renting the land for the last fifteen years under a lease which is due to expire in eight months’ time. NDL need to secure vacant possession of this land as soon as possible so that they can commence phase two.
The land within phase three of the scheme is subject to a restrictive covenant which states that the land may only be used for industrial purposes.
There was quite a lot of opposition to the planning application for the scheme and one of the main objectors (a neighbour of the site) is complaining about noise and dust from phase one and is threatening to bring a claim for private nuisance.
Alan believes that prior to purchasing the site NDL was misled by the vendor who advised them during a conversation on site that the site had only been used for warehousing in the past. Alan recently learnt that part of the land within phase three was formerly used for railway works and there is a much greater risk of contamination. For this issue you are not required to consider the laws relating to contaminated land but instead whether any legal action might arise from the misleading statement.
Maximum size of the submission (word length, number of pages, etc)
3,000 words - everything other than your end reference list/ bibliography counts towards the word limit.
You MUST clearly and accurately state the word length of your work on the standard front cover sheet. If you deliberately provide a false word length, this will be treated as academic misconduct under the University regulations.
The penalties for exceeding this limit:
Up to 10% over limit no penalty
11-20% over limit 10% deducted
21-30% over limit 20% deducted
31-40% over limit 30% deducted
41-50% over limit 40% deducted
50%+ over limit 100% deducted
Clear introduction of the issues and framework for the advice
Analysis of the problems (for the three issues) and identification of the relevant legal principles 20%
Explanation of the key legal principles applicable to the scenarios including reference to relevant case law and legislation