Latent Defect definition

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Checklist—road traffic accident defences

Checklist—road traffic accident defences Defence Principle Further reading Contributory negligence Where the defendant is primarily responsible for the accident, they may allege the other party was guilty of contributing to the accident. The issues to consider are:—which parties were at fault in the accident?—in what proportion should the damages be apportioned having regard to the respective responsibilities of those at fault? Practice Note: Contributory negligence in personal injury claims Contributory negligence for failure to wear a seat belt As a general principle:25% deduction to damages—if wearing a seat belt would have prevented the injuries sustained15% deduction to damages—if wearing a seat belt would have made a considerable difference to the injuries sustained0% deduction to damages—if wearing a seat belt would not have made any difference to the injuries sustained Practice Note: Defences in road traffic accidents Contributory negligence for failure to wear a motorcycle crash helmet Leading case law has suggested:15% deduction to damages—if wearing a helmet would have resulted in less severe injuries10% deduction to damages—where the claimant...

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Latent defects

Latent defects Technically, a defect in a finished product is a breach of contract. However, it is widely accepted that defects will occur and manifest themselves on construction projects both during and after the works have been carried out, and most contracts will often provide for any such breach to be rectified during the defects liability period (also known as the rectification period). During this time it is envisaged that the contractor will rectify defects which have become apparent since practical completion (these are generally considered patent defects). For more information on both practical completion and defects liability periods please refer to the respective Practice Notes: What is practical completion? and Defects liability period and rectification of defects. For consideration of what a defect is, see Practice Note: Defects claims in construction—What is a defect? For specific guidance on fire and building safety defects, see Practice Note: Fire safety defect claims for construction lawyers. What are latent defects? In order to establish what a latent (or inherent)...

Property—enquiries before contract

Property—enquiries before contract This Practice Note looks at the role of enquiries in the due diligence process and what to do when faced with preliminary enquiries in commercial property transactions. What are enquiries before contract? Enquiries before contract (also called pre-contract enquiries or preliminary enquiries) play a part in various scenarios; eg they are raised by a buyer on the acquisition of freehold or leasehold land, by a tenant before the grant of a new lease, by a mortgagee before taking a charge over land or by a landlord before accepting a surrender of a lease. For simplicity throughout the remainder of this Practice Note, reference will be made to ‘seller’ and’ buyer’ although this can include landlord and tenant or mortgagor and mortgagee as appropriate. Enquiries before contract take the form of questions asked directly of the seller by the buyer (although almost invariably with their respective legal advisers acting as intermediaries). Although enquiries before contract are often treated as a stand-alone part of the...