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LANDSCAPE ARCHITECT'S LEGAL DUTIES (TORT (NEGLIGENCE (Breach of duty…
LANDSCAPE ARCHITECT'S LEGAL DUTIES
CONTRACT
agreement between individuals which can be enforced by law if breached
Legal essentials
Intention - to create legal relations
Consideration - exchange of money
Agreement - offer & acceptance
EXPRESSED TERMS
Written evidence agreed by both parties
IMPLIED TERMS
implied by court
implied by custom
implied by statute
TORT
Wrongful act or omission - with legal implications
Applies in absence of contract
Duty of care
Duty of care as a proffesional
NEGLIGENCE
Breach of duty of care
Burgess v Lejonvarn
Personal injury
Also in Contract
NUISANCE
EG blocking a road with delivery lorries
Encroachment - branches of trees hanging in neighbours site
STRICT LIABILITY
legal responsibility for damages or injury, even if the person strictly liable was not at fault or negligent
Duty of care when dealing with potential harmful substances / materials
Rylands V Fletcher
TRESPASS
Entering upon land, remaining upon land or placing or projecting upon land
DEFAMATION
Libel (written) and slander (spoken)
Breach of confidentiality
Client - Non Disclosure Agreement
LAND LAW
EASEMENT
EG A right of way across a driveway
RESTRICTIVE COVENANT
EG Restriction not to build above a certain height in a given place
RIGHTS OF WAY - PUBLIC
EG footpath, bridleway etc
RIGHTS OF WAY - HISTORIC
EG The foreshore, water courses, village greens, common land
LAND LAW
CROW ACT 2000 - countryside and rights of way act
OPEN ACCESS LAND
Allowed to walk, run, sightsee, birdwatch, climb
Exempted Land - eg buildings & their curtilage, land covered by structures such as turbines, railways, quarries etc
LAND REFORM ACT 2003 SCOTLAND
FREEDOM TO ROAM
Allowed to horseride, wild camp, most activities responsibly
Exempted Land - houses and sufficient space around them, where crops are growing, school grounds, quarries etc
ACCESS TO THE COUNTRYSIDE (NI) ORDER 1983
Provision for wider access but no related agreements but right to roam on National Trust Land, Country Parks, Forest Parks
EMPLOYMENT LAW
Legal standards set through Common Law, Primary and Secondary Legislation, European Law, European Convention on Human Rights, Statutory Codes of Practice
CONTRACT to define terms of employment
Employees - Work with reasonable care and skill, do not disrupt business, disclose wrongdoings, carry out and follow orders, do not disclose confidential info, look after employer's property, do not compete for business, abide by H&S
Employers - Safe and suitable working environment, Payslips, Pension, Holidays, Sick pay, Working time regulations, Flexible working, Data protection, Correct disciplinary proceedures