臭虫灵,任增芳,marotokool
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The west boundary of the section had a steep bank sloping upwards from where the house was to be built. On the top of this bank the neighbouring property owner had, some years ago, brought a significant amount of soil on to his section to level part of the backyard which sloped away into a gully. A later owner had erected a garden wall constructed out of substantial hardwood sleepers laid horizontally on top of each other, and held in place by old railway lines rammed vertically into the ground. Although not designed as a retaining wall, the neighbour had brought in further soil, which was placed behind this wall. The area was then levelled, and part of it asphalted for a driveway. Over the passage of time, the fill has compacted, and the asphalted area has subsided, and cracks have begun to appear in the seal. By the time Craig purchased the section, the timber wall was largely hidden behind trees and shrubs, and ITCL were not aware of the possible difficulties this structure might present. ITCL began the project by excavating the site. This included some excavation at the foot of the bank, which caused some of the fill to tumble into the excavations from the neighbouring property. At this point the owners of this property protested that the excavation was causing cracks to develop in their sealed driveway area, and demanded that the excavation cease. ITCL however continued with the excavation work, and in due course began construction of Craig’s house. In due course the owners of the neighbouring property decided to sue for damages. Required: Question One (b) Suggest and explain any additional elements that may cause this contract to be vitiated. Question Two |
