LO1 Critically evaluate the legal principles of real estate and construction practice. LO2 Critically appraise a range of factual and legal material to identify a logical solutions to a problem with a reasoned, professional view. LO3 Critically analyse complex information and legal terminology. LO4 Critically appraise complex information from a range of appropriate sources, to develop reasoned legal alternatives. Scenario Hitchcock Homes Ltd (HH) is a building contractor engaged in constructing a new residential development immediately next to an existing housing estate built two years ago on the outskirts of the village of Manderley. Due to bad weather over the winter there has been a delay in the programme of work. HH extended its working day from its usual 5 p.m. finish to 8 p.m. on weekdays and introduced working on Saturday and Sunday from 7.30 a.m. to 12 noon. Rebecca, who owns a property adjacent to the new site, has complained to HH about the noise emanating from it. She says she expects peace and quiet in the village when she comes home from work and at weekends. She is currently a student on a distance learning course and must study in the evenings and at weekend. She finds the noise distracting. Jack is a local plumber under contract to HH to complete the plumbing for bathrooms in the houses being constructed. He has been instructed by HH that he must always wear a hard hat when on site. Despite being supplied with a hard hat, he regularly forgets to put it on. Whilst working on site, Jack is injured when Sanders, a roofer directly employed by HH, negligently dislodges a roof tile which hits Jack on the head when he is not wearing a hard hat. Rebecca and Jack are now threatening legal action against HH. Task Critically evaluate the scenario above and using your knowledge of: a. the tort of private nuisance advise HH on its legal liability to Rebecca and b. the Occupier’s Liability Act 1957 and vicarious liability advise HH on its legal liability to Jack.
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