In January 2016, Mary Clarke decided she had enough of the urban rat race and sold her apartment in Dublin: Project and Construction Management Assignment, NUI, Ireland

Question 1

In January 2016, Mary Clarke decided she had enough of the urban rat race and sold her apartment in Dublin. As a successful professional landscape painter, she wanted to relocate to a rural part of the country. At the end of that month, she came across an idyllic bungalow adjacent to a gentle river being advertised on an upcoming online auction. As this bungalow is located in Co. Leitrim, enquired from the estate agent Rory Lyons whether the property was at risk of adverse weather conditions.

He informed Mary that some houses downstream had been previously damaged in 2012 but this bungalow was not at any risk of flood damage. Mary set her mind on purchasing the bungalow and she was the successful bidder a week later. The bungalow cost € 310,000 and the keys were handed over to her on the 24th of April 2016.

Three weeks ago, the bungalow was severely damaged when the local river broke its banks. One-third of the garden was washed away. Furniture was destroyed in all five rooms: her studio and conservatory have been destroyed. Two partly completed commissioned paintings were also in ruins.

She was expecting to get € 12,000 and €10,000 for the successful completion and delivery of both. Last week, it was brought to her attention by a locally elected councilor Jerry Mandring, that the bungalow had been flooded on two previous occasions since the turn of this century.

Jerry Mandring reckons Mary will have serious problems selling the property for the price she paid for it. She has sought the advice of a friend who is a loss adjuster who has indicated that the structural damage may be close to € 30,000-35,000 as a conservative and provisional estimate. She believes she will not be able to paint landscapes for two months or so and is not going to have any work to put into her friend’s art gallery in Dublin.

She is furious with Rory Lyons Estate Agents and phoned the office two days ago. He sent her an email last night stating that the information given to her in 2016 was as accurate as he knew at the time and he was sorry to hear about the damage and trauma she has suffered but liability is firmly denied. Advise Mary as to her legal position in this matter.

Question 2

Rob Cobbe has a party at his house in Fairview to celebrate his 40th birthday. Rob is a construction manager and is also an enthusiastic amateur inventor. He absent-mindedly kept his soldering iron turned on in his bedroom. Later in the evening one of the newly arrived guests, Fiona is told by Rob to leave her coat and birthday gift upstairs in his bedroom. The ceiling light bulb expires as Fiona switches it on. She fumbles to find the bedside light in the darkness.

Fiona does not see the soldering iron placed on the bedside table and her hand is badly burnt when it comes in contact with it. Jack, a local teenager, and tear-away, who was not invited to the party decide to try and get in via an unlocked window at the rear of the house. The room into which Jack gains entry is locked, so Jack cannot get into the party.

Jack turns on the light in this room but is severely electrocuted as Rob was in the process of rewiring this room and had forgotten to isolate the supply of electricity to it. Advise Rob as to his legal position in relation to Fiona or Jack.

Question 3

Harry Carey is a busy niche property developer operating in Leinster. He named his company Astral Construction Ltd when he set it post -Celtic Tiger Crash. Astral Construction Ltd employs twelve people who range from a chartered accountant to two quantity surveyors, three construction management professionals, three architectural technicians, and three sales and admins staff. He doesn’t particularly like employing IT professionals so he contracts out this function.

He has entered into a number of contracts with GEIK Solutions Ltd, to maintain and repair pcs and laptops used by his firm. He employs them on an annual basis with a contract review. On previous occasions, the contract has been in writing signed by Harry. the contract given to him by GEIK Solutions Ltd states in one of its clauses, that GEIK is not liable for any loss to customer’s equipment while on its premises.

The contract for 2022 is not in writing but when Harry’s admin secretary Patricia dropped in two laptops and a desktop for repair, she was given a receipt on the back of which was the same clause as inserted into the other contracts. Patricia put the receipt on Harry’s desk later that day, as she was going on holiday.

Unfortunately, one of the laptops was knocked off a repair desk during a bit of frisbee passing by two reckless employees of GEIK Solutions Ltd who were on their lunch break. This was captured on a mobile phone and put onto the THICK-TALK social media platform. GEEK Solutions Ltd is denying any liability for damage as per the standard disclaimer. Advise Harry and the other Astral directors on their legal position in this matter.

Question 4

Joe Smith when negotiating the sale of his business, a stationery and printing business, opposite TUD Bolton Street told Mike Hammer a potential purchaser that his main customers included the students from TUD and the King’s Inns. Mike was told that the annual turnover was pre-Covid €140,000. Mike took Joe at his word and did not check the accounts.

48 hours before the contract was signed, TUD confidentially informed Joe that it was leaving Bolton St by 2023 and Joe has heard a rumor that the King’s Inns may decide to go partly online and use a new building it is renting from DCU. Only after Mike had signed the contract did he become aware of these proposed changes which may become problematic for his new business. It has also come to Mike’s attention that Joe Smith has exaggerated the pre-Covid annual turnover. Advise Mike as to his legal position in relation to this matter.