Sunday, June 28, 2009

OCCUPIER'S LIABILITY

OCCUPIER'S LIABILITY

1. Occupier – sufficient degree of control over premise

2. Premises – movable or immovable

3. Visitor – contractual entrant / invitees / licensee / child tresspass

4. Liabilities / Duties


● The occupier of the premises is the person who possesses a sufficient degree of control over the premises so as to make it reasonable that he should owe a duty of care to those who come into the premises. There may be more than one occupier of premises.

● The definition of an 'occupier' was laid in Wheat vs. Lacon & Co. Ltd.

● China Insurance Co. Ltd vs. Who Hup (Pte) Ltd.

● Harris vs. Birkenhead Corporation.

● Lembaga Kemajuan Tanah Persekutuan vs. Mariam

The Occupier

Lord Denning:

"... Wherever a person has a sufficient degree of control that he ought to realize that any failure on his part to use care may result in injury to a person coming lawfully there, then he is an “occupier” and the person coming lawfully there is his “visitor”, and the 'occupier' is under a duty to his 'visitor' to use reasonable care. In order to be an 'occupier', it is not necessary for a person to have entire control over the premises. He need not have exclusive occupation. Suffice it that he has some degree of control. He may share the control with others. .. "

The Premises

● Include all forms of buildings, land spaces, vehicles which are used for carrying persons including tractors and structures such as scaffolding, ladders, walls, pylons and grandstands

● Wheeler vs. Copas - ladder

Download this Power Point presentation here >>: occupier's liability

BEC 328 Construction Law - Law Of Tort

BEC 328 CONSTRUCTION LAW - Law of Tort

● In law, there are civil In law, there are civil wrongs and criminal wrongs

● Examples of civil wrongs include breach of contract and breach of trust

● Tort is a type of civil wrong that is distinct from criminal wrong

● The word TORT originates from a Latin word “tortus” meaning “twisted” or “distorted”

● In legal terminology, “tort” means WRONG

● If the plaintiff succeeds in proving his case, the court will order the defendant to pay the plaintiff compensation for the injury to his person or damage to his property.

● In normal circumstances, a court action under the law of tort involves a plaintiff claiming damages or compensation for physical injury or damage to his property resulting from the defendant's wrong action.

● Example of civil wrongs under law of tort:
- Negligent
- Trespass
- Nuisance
- Occupier's liability

Law Dictionary:

Breach of duty other than a breach of contract for which the offender (defendant) will subject to a legal responsibility (liability)

Classification:

- Wrong to person - assault

- Wrong to reputation - defamation

- Wrong to property - trespass

- Wrong to property / persons - nuisance

Download this presentation here: Law of Tort

Monday, June 22, 2009

Construction Contract

Construction Contract

An Introduction

Nature o Nature of Construction Contract

1. Definition

2. Applicable Law

3. Contract between employer and contractor

4. Contract of supply and fix

5. Regulates employer / contractor relationship

6. Procurement methods

7. Standard forms

8. Contract documents

9. Use of subcontracts

10. Important terms

Definition

- There is no one clear and definite definition of what construction contract is.

- It is a contract between an “employer” and a “contractor”.

- Its main purpose is for the employer to get the contractor’s services for the construction of a project in consideration for the employer’s payment of the contract’s sum.

Applicable Laws

- Unlike UK, Malaysia has no specific statute on construction contract.

The law applicable is:

A combination of common law of several statutes that form the legal basis of the terms of the contract.

> The main statute is the Contract Act 1950.
- National Land Code

> Other statutes include:
- T & CP Act
- Sales of Goods Act
- Company Act
- Insurance Act
- Employment Act
- EQA
- Bankruptcy Act
- Arbitration Act
- Antiquity Act
- OSHA
- Factory & Machinery Act
- Others

Download the full lecture slide presentation here: construction contract

PLUMBING EQUIPMENT & SYSTEMS

PLUMBING EQUIPMENT & SYSTEMS

Introduction

- Plumbing originated during the ancient civilizations of the Roman, Persian, Indian and Chinese civilizations as they developed public baths and needed to provide potable water and drainage of wastes.

- Plumbing, from Latin word for lead (plumbum), is the skilled trade of working with pipes, tubing and plumbing fixtures for portable water systems and the drainage of waste.

- Plumbing is a system of pipes and fixtures installed in a building for the distribution of potable water and the removal of waterborne wastes.

- The plumbing industry is a basic and substantial part of every developed economy due to the need for clean water and proper collection and transport of wastes.

- Plumbing is usually distinguished from water and sewage systems, in that a plumbing system serves one building, while water and sewage systems serve a group of buildings or a city.

- Improvement in plumbing systems was very slow, with virtually no progress made from the time of the Roman system of aqueducts and lead pipes until the 19th century.

- Eventually the development of separate, underground water and sewage systems eliminated open sewage ditches and cesspools.

Materials

- Present day water supply systems use a network of high-pressure pumps and pipes are now made of copper, brass, plastic, steel or other non-toxic material.

- Water systems of ancient times relied on gravity for the supply of water, using pipes or channels usually made of clay, lead or stone.

- Present day drain and vent lines are made of plastic, steel, cast iron and lead.

- The 'straight' sections of plumbing systems are of pipe or tube. A pipe is typically formed via casting or welding, where a tube is made through extrusion.

- Lead is not used in modern water supply piping due to its toxicity.

- Pipe normally has thicker walls and may be threaded or welded, where tubing is thinner-walled and requires special joining techniques such as 'soldering', 'compression fitting', 'crimping' or for plastics, 'solvent welding'.

Download the full lecture slide presentation here: plumbing equipment system

Escalator

ESCALATOR

Introduction

- Conveyor type of transport device that moves people from place to place

- It is a moving staircase with steps that move up or down using a conveyor belt and tracks keeping each step horizontal for the passenger

- Escalator began as an amusement ride and not as a practical transport

- 'Scala' + elevator = escalator

History

- 1892: Charles A. Wheeler patented ideas for the first practical moving staircase

- 1897: Jesse W. Reno invented the first escalator And installed it as an amusement ride at Coney Island, New York

- 1899: Reno sold this machine to Otis Elevator Company and prototype built by the company

- 1900: First commercial escalator was produced which won first prize at the Paris 1900 Exposition Universelle in France

- 1902: Reno Electric Stairways and Conveyors company was founded by Jesse Reno

- 1910: Charles Seeberger sold his patent rights for the escalator to the Otis Elevator Company

- 1911: Reno sold his patent rights for the escalator to Otis Elevator Company. Otis then came to dominate escalator production

- 1920: Otis engineers, led by David Lindquist, combined and improved both escalator designs, and created the cleated, level steps of the modern escalator in use today

- Passengers Passengers who wish to stand and let themselves be carried up or down to stand on one side to allow other users to walk past them

Usage

- It is customary to stand on a fixed side, so that walking people do not have to zigzag

- Help in controlling traffic flow

- Escalators often are used as the exit of an airport secure area

- Step demarcation lights Safety Factors

- Step demarcation lines

- Combplate impact switches

- Missing step detectors

- Level step switches

- Handrail speed sensors

- Handrail inlet switches

- Emergency stop button

- Skirt brush

- Raised edges

- Flat steps

- Anti-slide devices

- Safety instructions

- Hold the handrail

Download here for the whole lecture slide presentation: escalator

BEC 206 - Building Services

BEC 206 - BUILDING SERVICES

Mechanical and Electrical (M&E) Systems

Introduction

Buildings must be designed with features:

- To provide better lighting

- Comfortable space temperature

- Humidity & air quality

- Convenient power & communication capability

- Demand considerable Demand considerable floor and ceiling space

- Add to the cost of construction of a building in some instance approaching or exceeding 50%of the total cost (e.g. hospitals and computer centres)

- High quality sanitation

- Reliable systems for the protection of life and property

Scope & Requirement of Building (M&E) Systems

- The complexities varies with the living standards of society, climatic condition of the region; occupancy and quality of building

- Example: A house located in a mild climate may not require either heating or cooling; regardless the quality of the house or a modern hospital may have a supply of medical gas, standard electrical power and telecommunication systems to meet present health care standards

Download the lecture slide presentation here: BEC 206 Building Services