ADR AND LEGAL ISSUE

ADR and Legal Issue



ADR and Legal Issue

Introduction

Like every country common law has defined laws for every thing, which are introduced in order to create a balance in the society. However, researchers continue to focus on examining various aspects of Common Law, in order to ensure the effective application of legal practices with respect to the changes in society. This study in this connection is going to examine two different scenario related to construction industry. In one case, a person who manages a construction site faces a legal situation, and according to the situation this study will discuss the potential liability of any potential parties from the following case. The person faces two different situations in one case construction site manager receive a letter signed by a number of people complaining about the levels of noise and dust that are being created on the site. They threaten legal action. On the second case, Thomas, a child, accesses the building site. Whilst on the site he falls down a hole and injures himself. In another case related to first scenario, Stephanie, an employee, gets her heel stuck on some muddy earth. She sprains her ankle. This study will analyse how professionals can attempt to limit their legal liabilities.

In the second scenario, this paper will evaluate how ADR has impacted on the construction industry. What advantages and disadvantages has it brought? What is its future potential?

Scenario or Question 1

In scenario one, the letter construction site manager receives from the local community member have the potential legal liability, which may result in penalizing the construction company. This is because the existence of law related to noise pollution in common law. Initially, environmental law formed around the principles of common law, which is law created by courts and judges that rests upon a foundation of judicial precedents. However, environmental law soon moved into the arena of administrative and legislative law, which encompasses most of today's environmental law (Rechtschaffen, Antolini & Sax 2007, pp. 12-93). The following discussion looks at both areas of law in relation to the construction industry, and will reviews some of the basic issues involved in environmental law related to this case, and outlines some landmark cases (Thomas 2008, pp. 66-89).

Tort Law in English Legal System

Generally speaking, common law is based on the notion that one party has done harm to another, in legal terms called a tort. There are three broad types of torts, all of which have been applied in environmental law with varying degrees of success. Trespass is the physical invasion of one's property, which has been interpreted to include situations such as air pollution, runoff of liquid wastes, or contamination of groundwater (Rechtschaffen, Antolini & Sax 2007, pp. 12-93).

Closely associated with trespass are the torts of private and public nuisance. Private nuisance is interference with the use of one's property. Environmental examples include noise pollution, odours and other air pollution, and water pollution. The operation of a hazardous waste site fits the bill for ...