LAW FOR PROPERTY PROFESSIONALS

Question 1:

Take one currently relevant Statute of your choice (applicable to England) that is in significant substance related to property, real estate, planning or construction. (Not a Human Rights Act Statute or something that might impact on a Property Statute -but a 'core' Property Statute).

You should clearly explain the intended purpose of the Statute. If you have attempted this coursework previously then a different Statute should be selected.

You should then proceed to explain and analyse, succinctly, the importance and relevance of the Statute. How and why is it important? Is it the whole of the Statute that remains important as drafted or merely Sections of it - explain and comment. Reference academic and professional practice papers commenting on that Statute.

Research around three cases (legal cases, common law) that have been determined with reference to your chosen Statute. In turn comment and analyse how those cases have helped to clarify (or work with) the provisions of the Statute you have chosen.

Provide some key case comment on your chosen cases and link the comment in to the relevant sections of the Act. In reality a good piece of work here will require you to read the Statute and also the actual case reports themselves (not mere reports of reports).

Explain what is meant by legal precedent, and illustrate how the case law you have commented upon provides legal precedent when considered with the Statute you have chosen.

Case citations should be in italics for a very good answer. The work should be referenced and for very good answers referenced to the Statute and actual case decisions.

The conclusions reached should be supported. A very good answer may also relate the chosen Statute to others and also provide comment if appropriate on how case law has impacted on prior Statutes in the same area if relevant.

There is a deliberate opportunity for the marker to be flexible around the overall quality, or otherwise, of a given answer. Martin Blackwell

Question 2:

You have been offered a position in the Valuation department of a professional surveying practice. The Partner responsible for the Department wishes to update guidance for all of the people within the firm as to what is 'Negligence', to consider professionally when it may occur and how to avoid it. That Partner has asked you to consider this and to also consider the following points;

To whom do you owe a Duty of Care, what is a Duty of Care, how and when may this Duty be breached.

Prepare a paper, in the form of a structured essay that addresses the points. The answer should relate to English law.

Case citations should be in italics for a very good answer. The work should be referenced and for very good answers referenced to Statute (as applicable) and actual case decisions. The conclusions reached should be supported. Case law is important and should be quoted and referenced in a professional and succinct form.