CMA443: LEGAL STUDIES IN CONSTRUCTION

About the Course

Law has evolved into a subject that is becoming more and more important in all professional programmes. Builders must have a solid understanding of the law pertaining to construction, including the laws of contract, agency, tort, and land. The purpose of this course is to provide students with a general introduction to construction law, which provides a framework for comprehending various construction-related works.

Topics In This Course

1. Introduction To Construction Law

1.1) Construction law - an overview

2. Fundamentals Of The Malaysian Legal Systems And Its Influence To Construction

2.1) Sources of the construction law - written law and unwritten law, judicial precedent.

2.2)

2.3) The Malaysian judicial system – Hierarchy of court and Jurisdiction of court

3. The Law Of Contract

3.1) Formation and elements of a valid contract

3.2) Privity of contract.

3.3) Terms of a contract - Conditions and warranties.

3.4) Standard contracts and exemption clauses.

3.5) Voidable contracts

3.6) Void and illegal contracts

3.7) Discharge

3.8) Remedies

3.9) Agency

4. The Law Of Tort

4.1) The nature of the law of tort

4.2) Trespass - Trespass to land, goods and personal property.

4.3) Defenses and remedies.

4.4) Nuisance - Public nuisance, private nuisance, statutory nuisance and remedies and defenses.

4.5) Rules in Rylands v Fletcher l – Strict Liability,

4.6) Differences between Rylands v Fletcher and Nuisance.

4.7) Negligence

4.8) Types of loss

4.9) Professional negligence.

4.10) Liability of local authorities in respect of negligence in building control.

4.11) Liabilities for dangerous or defective premises

4.12) Occupiers' Liability

4.13) Vicarious Liability

5. Land Law

5.1) Introduction - Definition of land, Torrens system and legislation governing to land.

5.2) Registration System (Exceptions to indefeasibility, Effects of non- registration, Procedure of registration)

5.3) Alienation of land.

5.4) Freehold land.

5.5) Leasehold land.

5.6) Tenancies and other aspects of title and interest.

5.7) Forms of title - Final titles, qualified titles.

5.8) Register document of title and issue document of title.

5.9) Conditions and restrictions on titles. ( Restrictions in interest, Conditions of land use.)

5.10) Quit rent.

5.11) Check-list for examination of I.D.T / Duplicate Lease.

5.12) Dealings

5.13) Restraints on dealings