Discuss the positions of M and E. i.e who is liable to whom; and for what?

Question:

M, a main contractor, has not recieved any payment from his employer E for the last seven weeks. E is complaining that M has done nothing in respect of the work of N, a nominated sub-contractor, who repudiated the sub-contract and left site leaving his work unfinnished. M has therefore instructed all organization delivering to the site now to deliver to Ms head office yard. M has aslo told E that until a new programme is issued by Es architect, A, and agreed by M, M is entitled to stop work. E responded that he has terminated his contract with A Because of the fiasco over N”

Discuss the position of M and E. i.e who is liable to whom; and for what?

Objective:

To develop and demonstrate an ability to structure and analyse legal problems with specific refrence to the construction industry, and to consolidate the basic principles in tort and contract.

Requirments:

In order to show a general understanding of the topic you should pay particular attention to:

* the methodology of analysing legal problems

* Indentification of each parties respective legal right and thier application, including case law in support of arguments put forward

* Marks will be set aside for written communication skills

In order to show a more advanced understanding of the topic you should pay attention to:

* Evidence of wider reading around the topic
harvard style