EFFECTS OF A COMMON LAW 4
Effectsof a Common Law
Effectsof a Common Law
AllanDavis was an employee at Glacier Northwest. He was assigned to go anduncover a leak of a pipe laid by Baugh IndustrialContractors.A concrete wall collapsed on Davis while digging a hole and died.Tarni Davis, Alan’s daughter, sued Baugh and others, consideringtheir negligent practices caused her father’s death. According totraditional common law, the contractor was not liable for Allan’saccident hence the risk liability was on Glacier (Holmes, 2006). Thereason why the court decided for a new trial is because under theCompletion and Acceptance Doctrine, once a project is finished by thecontractor, and the owner accepts the work, the contractor is nolonger liable for third party injuries (Meiners, Ringleb &Edwards, 2012). According to the history, after completion andacceptance, the risk liability belonged only to the property owner.Under modern approach, the contractor is liable for damage or injuryto a third party as a result of negligence work.
Completionand Acceptance Doctrine assumes that if the work is inspected andaccepted by the land owners, the owner should reliable on any defectsafter accepting the work. Nowadays, metal and wood have been replacedwith composites, laminates and aggregates. Plumbing, wiring and othermechanical components are greatly concealed in conduits or buriedunderground. In short, construction has become complex and highlyscientific (Mann & Roberts, 2013). Non-expert landowners hirecontractors and often incapable of recognizing inefficientperformance. The judge concluded that the doctrine of Completion andAcceptance was incorrect, harmful and outmoded and joined the modernmajority of states that emphasized in the modern approach holding thecontractor liable of injury due to careless work. The judge,therefore, reversed the order to the legislature in a statute for thechange of law (Popkin, 1999).
Holmes,O. W. (2006). Thecommon law.Teddington: Echo Library.
Mann,R. A., & Roberts, B. S. (2013). Essentialsof business law and the legal environment.Mason: South-Western Cengage Learning.
Meiners,R. E., Ringleb, A. H., & Edwards, F. L. (2012). Thelegal environment ofbusiness.Mason: South-Western Cengage Learning.
Popkin,W. D. (1999). Statutesin court: The history and theory of statutory interpretation.Durham: Duke Univ. Press.