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Lecture 7

Lecture 7 law.docx

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General Engineering
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Law Lecture 7March 14 2011Back to ADR alternative dispute resolution2 parts Mediation and arbitrationMust attend a 3 hour mediation in civil courtDispute resolution board If parties involved in a long standing relationship one option for parties is even before there are any problems that have arisen the partys can include in contract terms about a dispute resolution board agree neutral parties to sit on boardSets up and adr system in contract before problems ariseThey can put as much or as little power in that dispute resolution board as they likeEx act as a mediator act as an arbiter offer advice etcThis way if problems come upa system is in place without needing to use civil actionPartnering constructionphilosophyattitude not legal ruleNot uncommon in contracts involving a lot of other parties ex construction contracts for each party inside of contract to view itself as an island and become demandinglegalisticThe idea of partnering construction is to view yourself as partners and trying to work together to achieve a common goalEx have meetings to update everyone on progress of project View as a group to complete project as easily and efficiently and quickly to complete contracts as opposed to fighting in small disputesCivil process limitation periodsa limitation period is the amount of time you have to bring a legal actionThis is a formal issue not a substantive issue has nothing to do with strength of casethere is a deadline to issue a statement of claimIf you bring your claim outside of limitation period your claim is statute barredThere is a relatively recent 2002 specific piece of legislation dealing with period of time to issue a claimUsed to be the limitations act that applied and parts from case lawNow limitations act 2002 2002 is important it differentiates between the old and new limitations act4 important differences1It used to be the law that different legal actions had very specific different limitations periodsPromise made under seal negligence etc all had different limitation periodsPotential to be thrown out if statute barred and outside limitation periodNow there is a 2 year limitation period to place a claimBreach of tort negligence etc 2 yearsThere are some exceptions identified but generally 2 years2Imagine surgery 4 years ago and wasnt aware of it at time but doctors left an instrument inside and sewed you upOver time scar tissue pain go to doctor get x ray and doctor says heres the problemweird medical instrument the aha moment first period in time that you are aware that the wrong had occurred99 of time party is aware that a legal wrong has occurred usually issue of discovering something has occurred isnt true In instances where person isnt aware that there was a legal claim to be madeUsed to be in common law the discoverability principle the limitations clock doesnt start ticking
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