LAW ADVICE

BSHC Bank and Wilde James Engineers



BSHC Bank and Wilde James Engineers

Case Summary

According to the given case, the Wilde James Engineers were hired by the BSHC Bank to test a building to ensure that it is safe and secure for building an additional six floors on the top. The team was not able to make a proper inspection as the building, during that time, was occupied. However, in their report to the Bank, they ensured them that the building is safe and they can proceed to build the additional six floors on top of the building. The Bank went ahead and signed a contract with the Wilde James Engineers to build the additional floors in the building. After the floors were made, the company moved their employees in that building. However, they had to immediately find another accommodations for them as cracks were starting to appear in the building. The construction plan of the building was flawed from the building which was a mistake on the part of the Wilde James Engineers. The building would either have to be amended or even demolish for safety purposes. This has caused the Bank humiliation and financial loss. As a result the Wilde James Engineers face law suits and liabilities in court. The BSHC Bank has, however, offered a settlement to the company and has made an offer that they would avoid litigation if the company offers them a sum of £30,000,000. The company is confused as to want should be its next step.

In this paper, the potential liabilities for Wilde James Engineers has been explained, the laws of England and Wales, as well as advice for them as to whether they should accept the settlement offer by the Bank or not.

Potential Liabilities Wilde James could face

Negligence is a legal concept usually used by a court to obtain damages in the case of accidents and injuries or scars on the health and recently in the case of environmental damage. In the tort of negligence the plaintiff should verify that the defendant was obliged them a duty of care, broken that obligation and that damages were endured as a result of a break of that duty. Negligence, as is factual with all legal claims, is consisted of different “elements,” identifiable components, which draw together, a group of related issues for analysis and resolution. Too often, the elements of negligence are simply recited and not explained (Williams, 1951, Pp. 137). Thus, negligence is reasonably divisible into four elements—duty, breach, proximate cause, and harm which usefully may be collected and described.

Duty, obligation of one person to another, run from millennia of social traditions, philosophy, and religion, serving as the bond of society, duty is the thread that joins humans to one another in community. Duty limitations and channels behavior in a socially liable way prior to the fact, and it provide a basis for judging the propriety of actions thereafter (MacIntyre, 2008, pp. 25). The second element of the tort of negligence is the misconduct ...