ENGINEERING LAW

(GEC517)

LECTURE NOTES
BY

PROF. DAVID O. OMOLE

GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 1

 CONTENT
LECTURERS
PROF. DAVID OMOLE
DR. TOKUNBO OFUYATAN
ENGR. JOHN OLUWAFEMI
MR. VICTOR AKPAN

GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 2

 GEC517 - ENGINEERING LAW (2 UNITS: LH 30)

• Introduction and sources of law. Definition of contract, Formation of contracts.

discharge of contract, The law of contract and liabilities in tort: assaults, negligence
and strict liability, requirements, terms-conditions and warranties, definition of tort,
negligence and remedies.
• Contract of Employment: independent contractors, workmen compensation.
Property law. Partnership. Intellectual property, copyright, trademarks and patent.
• Registration and incorporation of companies and effects. Professional role and
liabilities of Engineers. Case studies relating to professionals. Arbitration. The
Nigeria legal system.
• Engineering and Construction Contracts, essential contents, payment mechanisms.
Standard forms of contract. Dispute resolution, adjudication, experts, alternative
dispute resolution-ADR and arbitration.
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 3
 1. INTRODUCTION
Law - Law is a body of rules set up by a recognized institution for the purpose
of enforcing a certain kind of behaviour among a group of people.

Law can also be described as a societal tool used to regulate, arbitrate,

repudiate and remunerate people.

However, note that like every tool, only the skillful can take advantage.

There is a common saying – the law is an ass (it’s not smart. It’s subjective).

GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 4

• The law is often based on technicalities that people can manipulate and
manoeuvre to their advantage.
• Engineers need to be very cognizant of basic laws to navigate the murky
terrain of business.

• Engineering law refers to the applicable laws to the practice of professional

engineering. Engineering law is the study of how ethics and legal frameworks
should be adopted to ensure public safety surrounding the practice of
engineering.

• Real Life Examples

• Garnishee case
• Child custody case
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 5
 2. SOURCES OF LAW

9/23/2022 6
GEC529 Lecture Notes by Prof. D.O. Omole
GEC529 Lecture Notes by Prof. D.O. Omole

9/23/2022 7
 3. FORMATION OF CONTRACT
• Contract - A contract is an agreement which is legally binding on the
parties to it and which, if broken, may be enforced by action in court
against the party that has violated it.
• Not all agreements are contracts e.g. we agree to visit the gymnasium
at 16.00 hrs
• A contract may be void or voidable.
• A void contract is one that lacks the essential elements of a valid contract
and therefore is of no legal effect.
• A voidable contract is that which is valid in the first place but may be
ended at the instance of one of the parties to it. According to the statute of
frauds 1677, all contracts should be in writing.
• A contract may be under seal or by deed and may be simple or oral.
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 8
 POINTS OF CONFLICT

s/n Client Contractor

1
Wants to ensure minimum cost Wants to ensure maximum profit
and risk and minimum risk
2
Want the project completed in Wants to achieve some prestige
time for his company
3
Wants to ensure no accidents Wants every circumstance of the
or injuries on site construction to lead to minimum
disruption
4
Wants to take over usable, Wants to achieve maximum
maintainable products productivity (relate with 1 above)

5
Wants cooperation from the Wants cooperation from the owner
contractor
6
Wants the quality and standard Wants minimum interference
(as the drawings and (undue involvement of the owner
specification) to be met and other people external to the
GEC529 Lecture Notes
contract agreement)
9/23/2022 9
by Prof. D.O. Omole
 Requirements for a valid contract
• Consensus
• Contractual capacity
• Certain performance
• Possibility of performance
• Object of contract must be legal
• Legal formalities must be completed
• Agreement must be voluntary
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 10
 • OFFER
- Definite and complete
- Firm
- The offered must be aware of the offer

• OFFER EXPIRATION
• Revocation/Withdrawal before acceptance
• Rejection of offer
• Time lapse
• Death of either party (except where there is an
executor or power of attorney)
• Counter offer
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 11
ACCEPTANCE
• Unconditional and unequivocal
• Intention to make it legal
• Acceptance may be written or oral
• Acceptance must be in reaction to an offer

GEC529 Lecture Notes by Prof. D.O. Omole

9/23/2022 12
 Contractual capacity
• Full contractual capacity (18+)

• Limited contractual capacity (7-17)

• No contractual capacity (under 7, mental

incapacity etc)
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 13
TERMINATION OF CONTRACTS
A contract is said to be discharged when the agreement
between the parties is terminated and the rights and
liabilities arising from it are extinguished. This may be
accomplished in any of the following ways:
• By agreement: the parties agree to terminate the contract
either by one waiving his right or by releasing the other
from his obligation or a new contract substituted for the old
one.
• By performance: in this case there is complete fulfillment of
the terms of the contract in every respect. 9/23/2022 14

GEC529 Lecture Notes by Prof. D.O. Omole

 • By breach: one party fails in its obligation and the other
then has the right to cancel the contract and sue for
damages.

• By lapse of time: an action on a simple contract must be

commenced within a certain date when the cause of the
action arose.

• By impossibility: this may be due to a cause which has

arisen since the making of the contract. 9/23/2022 15

GEC529 Lecture Notes by Prof. D.O. Omole

 REMEDIES FOR BREACH OF CONTRACT

• Whenever a breach of contract occurs, a

right of action exists in the court to remedy
the matter.

• The remedies generally available are as

follows:

GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 16

i. Claim of damages:
• damages consist of a sum of money which will as
far as it is practicable place the aggrieved party
in the same position as it would have been if the
contract had not been performed. The parties,
when entering into agreement may agree that a
certain sum, known as ‘liquidated damages’ shall
be payable if a breach occurs.
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 17
The liquidated damages, payable by a contractor
on account of penalty for delays do not bear any
relationships to the real damage of the owner.
Liquidated damages for late completion can only
be enforced if the sum has been fixed as a
genuine pre-estimate of the loss accruing.

GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 18

ii. Order for payment of a debt:
a debt is a liquidated or ascertained sum of
money due from the debtor to the creditor
and is recovered by an action of court.

GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 19

iii. Specific performance:
• the term refers to an order of the court directing
a party to a contract to perform its part of the
agreement. It is now only applied by the courts
on mere occasions when damages may be an
inadequate remedy but specific performance
constitute a fair and reasonable remedy and is
capable of effective supervision by the court.
This remedy may not be given if it requires the
constant supervision of the court.
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 20
 iv. Injunction:
this is an order of court directing a person not to perform
a specific act. for instance, if Mr. A had agreed not to
carry out any further building operations on his land for
the benefit of Mr. B who owns the adjoining land and Mr. B
then observes Mr. A starting the building operations, Mr.
B can apply to the court for an injunction restraining Mr. A
from further building. Damages in these circumstances
would not be an adequate remedy. 9/23/2022 21

GEC529 Lecture Notes by Prof. D.O. Omole

v. Rescission:
specifically includes an order of court
counseling or setting aside the contract
and results in setting the parties back in the
position that they were in before the
contract was made.
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 22
ARBITRATION

• Disputes may arise between contractor and the

Owner/Client because of several factors.

• The dispute can be settled through litigation in a

court of law or where the contract permits
through arbitration.
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 23
 • Arbitration is a process of hearing and
determination of a dispute by an impartial
referee selected or agreed upon by the parties
concerned.

• The idea of arbitration is enshrined in the

general conditions of contract that govern the
relationship of the parties in the construction
industry. 9/23/2022 24

GEC529 Lecture Notes by Prof. D.O. Omole

 • The advantages of settling disputes through arbitration
instead of litigation in courts are:

a. Cost: it is less expensive

b. Speed: disputes are settled much faster
c. Convenience: arbitrary hearings are fixed considering the
convenience of the concerned parties.
d. Technical knowledge: it is advantageous to appoint
arbitrators having technical knowledge and expertise in
construction.
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 25
 e. Informality: arbitration is conducted in a relatively informal
atmosphere by observing certain minimum prescribed legal
formalities.

f. Proceeding in private premises: as compared to courts which are

exposed to the general public, arbitrations are held in private
environments and this helps to protect the reputation of the
businesses.

g. Finality of award: the award given by the arbitrators is final. It can

only be challenged on questions of law and misconduct of
arbitrators. 9/23/2022 26

GEC529 Lecture Notes by Prof. D.O. Omole

•Things to watch out for in any contract
before you commit:

1. Responsibilities of each party

2. Legal boobytraps (case of Elon Musk vs Twitter)
3. Escape clause
GEC529 Lecture Notes by Prof. D.O. Omole

9/23/2022 27
 TYPES OF CONTRACT
• There are several factors which have to be taken into consideration
in making the choice of a contractual arrangement.

This may include the following:

• Time available for documenting
• The size and nature of the project
• Urgency of the work
• Equity and fairness

GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 28

 • Since there are many arrangements to choose from,
the choice of any one arrangement will therefore
mean the elimination of the others when you come to
the place of deciding the contractor.

• Contractual arrangement is not a matter of sentiments

but of logical reasoning.

GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 29

 1.0 FIXED PRICE CONTRACTS

1.1 Package-deal contract:

• this works best where the supplier is offering a service
(or goods) in which he is regularly engaged. Such
contract involve design, manufacture and construction
works of substantial value. As with other forms of
contract much effort on the promoter’s (owner/client)
behalf is required. However, the powers of the
promoter’s agent (i.e. consultant) who inspects the work
need to be clearly spelt out, particularly with respect to
rejection of design or workmanship.
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 30
1.2 Construction Management:

• In this delivery method a Construction Manager (CM) is

selected to construct the project based on fully completed
drawings and specifications prepared by an architect.

• The CM approach best fits a project where design

requirements are complex, the owner wants to supplement the
expertise of its project management staff, and the owner
wants full control of the design and construction process.

• The CM provides advice during design.

GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 31
 • The CM is selected based on competitive proposals from
three to five firms

• The CM provides pre-construction services, including

construction cost estimating and constructability review,
thorough programming and design.

• All of the costs of the CM and subcontractors are “open

book” to the project manager and subject to the project
manager’s approval. There is no profit mark-up by the CM
on the subcontracts.

GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 32

1.3 Design and Build (aka Turnkey Contract)

• In this process the owner selects one contractor to both

design and build the project.

• Design-Build is primarily intended to save time

• It is not necessary to prepare drawings in great detail if

the builder already understands what needs to be done.
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 33
 • Design-Build works very well when using standard
designs that have been built repeatedly

• It is absolutely critical that the owner and builder have

the same clear picture of the final project before
construction begins.

• The difference between package deal and Turnkey

contracts is that after designing in Turnkey, the BOQ is
prepared and the price is varied.

GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 34

Design-Build is not a good method for most projects for the
following reasons:

• Fast track schedules eliminate the possibility of integrated

design.

• When the designers work for the builder, rather than the
owner, the checks and balances that exist in other methods
are lost.

• People in a hurry make mistakes.

GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 35

 • Saving time is the main advantage of design-build, but
that should not be as critical an issue for a project as
cost and construction quality.

• Changes are difficult to implement once construction

starts in a Design-Build project because everything
moves too fast and the budget is often inflexible

GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 36

1.4 Lump-sum contracts
• A lump sum contract, sometimes called stipulated
sum, is the most basic form of agreement between a
supplier of services and a customer.
• The supplier agrees to provide specified services for
a specific price.
• The receiver agrees to pay the price upon
completion of the work or according to a negotiated
payment schedule.
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 37
• In developing a lump sum bid, the builder will
estimate the costs of labor and materials and add to
it a standard amount for overhead and the desired
amount of profit.
• Most builders will estimate profit and overhead to
total about 12-16 percent of the project cost.
• This amount may be increased based on the
builder's assessment of risk.
• Contractor free to use any means and methods to
complete work.
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 38
Advantages of Lump-sum Contract:
• Low financial risk to Owner.
• High financial risk to Contractor.
• Know cost at outset.
• Minimum Owner supervision related to quality and schedule.
• Contractor should assign best personnel due to maximum
financial motivation to achieve early completion and superior
performance.
• Contractor selection is relatively easy
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 39
Disadvantages of Lump-sum contract:
• Changes difficult and costly
• Early project start not possible due to need to complete design
prior to bidding.
• Contractor free to choose lowest cost means, methods, and
materials consistent with the specifications. Only minimum
specifications will be provided.
• Hard to build relationship. Each project is unique.
• Bidding expensive and lengthy.
• Contractor may include high contingency within each Schedule
of Value item
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 40
1.5 Unit Price contract
• In a unit price contract, the work to be performed is broken into
various parts, usually by construction trade, and a fixed price is
established for each unit of work.
• For example, painting is typically done on a square foot basis.
• Unit price contracts are seldom used for an entire major
construction project, but they are frequently used for agreements
with sub-contractors.
• They are used for maintenance and repair work.
• In a unit price contract, like a lump sum contract, the contractor is
paid the agreed upon price, regardless of the actual cost to do the
work.

GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 41

Advantages of Unit Cost Contract:
• Complete design definition not required
• “Typical” drawings can be used for bidding
• Suitable for competitive bidding
• Easy for contractor selection
• Early project start possible
• Flexibility: Scope and quantities easily adjustable

GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 42

Disadvantages of Unit Cost Contract :

• Final cost not known at outset since bills of quantities

at bid time are only estimates

• Additional site staff needed to measure, control, and

report on units completed

• Unit price contracts tend to draw unbalanced bidding

GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 43
2.0 VARIABLE PRICE CONTRACTS
• To some extent, all variable price contracts
must contain fixed prices (or elements or
agreements on prices or other
considerations).
• The final prices paid must be determinable
under the agreement and this could be
subject to an upper limit. Examples are:
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 44
2.1 Bill of Quantities (BOQ)
Contract:
• This is used particularly in buildings and civil
engineering constructions industry. These can
be measured in accordance with the standard
procedures including variations when it
occurs and the total price computed to each
party’s satisfaction.
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 45
 2.2 Schedule of rates contract:
• this is very similar to BOQ contract except that
there is no implied guarantee that any or all of
the work will be carried out.

• The rates tendered and accepted are the fixed

price element while the total price determined
(in relation to the quantities of work measured)
is variable.
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 46
 2.2.1 Contract on this basis may also include ‘‘Time and
materials’’ contract where for example hourly labor rates are in
force together with a percentage mark-up for materials supplied.
• This is a rare contract and is typically only seen in maintenance
arrangements and certain public works contracts.
• Under time and materials, the contractor charges an hourly or job
rate plus the pass-through expense of its consumables.
• The Pros of Time and Materials Contract: You only pay when
your contractor works.
• The Cons of Time and Materials Contract: Your contractor will
tend to work very slowly.
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 47
2.3 Cost-plus-percentage
• Cost-plus-percentage: is used particularly for
emergency work where time does not permit the
use of other forms of contract. The contractor is
paid for actual expenditures plus an agreed
percentage to cover overhead and profits.

GEC529 Lecture Notes by Prof. D.O. Omole

9/23/2022 48
2.4 Cost-plus-fixed fees:
• This is usually employed where work is of a
difficult or unforeseeable nature. The
contractor is reimbursed for actual costs
incurred, which is variable but is also paid on
an agreed sum by way of a fixed fee which
might be determined by competition with
other contractors.
GEC529 Lecture Notes by Prof. D.O. Omole

9/23/2022 49
2.5 Target price contract:
• This is a variation of the cost-plus contract
which seek to identify the value attached
to a job. However if risks occur which were
not included in the original target price,
the target might end up unfair to the
contractor and lead to dispute.
GEC529 Lecture Notes by Prof. D.O. Omole

9/23/2022 50
 3.0 CONTRACT FOR
PERSONAL/PROFESSIONAL SERVICES
• Costs are generally reimbursed on a man–hour basis or
as an agreed percentage of the value of the works.

3.1 Man-hour basis:

• The price for labor is agreed and the cost is measured as
the product of the agreed rate and the man-hour used in
performing the contract.
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 51
 3.2 Professional briefs:
• This type of contract is usually regulated by the
professional body involved. Although a minimum fee,
which is a percentage of the value of the works, is usually
prescribed by the professional body, the actual fee may
be negotiated between the client and the architect or
engineer at a higher rate. Alternatively, fees might be
fixed on a reimbursable man-hour basis. Such
arrangements require differentiation regarding
payments for skills, status and /or experience/expertise
level.
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 52
 3.3 Management contracts:

• These are of a more commercial nature

than professional briefs and involve the
performance of commercial services with
measurable results.

GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 53

SUB-CONTRACTS
Appointing subcontractors:
• As the main contractor cannot undertake the complete work with his
own laborers, he will need subcontractors to execute aspects of the
whole work e.g. plumbing and electrical services are subcontracted.

Two main procedures for their inclusion are:

• Direct appointment by main contractor without involving the client
• Those nominated by the client
• In both cases the main contractor is responsible for the ordering and
for the satisfactory completion of the work by the subcontractor.

GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 54

• Irrespective of the procedure that is used for the appointment of
a subcontractor, it is always the task of the main contractor to
place the formal contract.

• As the main contractor is not responsible for the design work

carried out by the subcontractor, a special agreement between
the client and the nominated subcontractor may be needed.

• The main contractor is usually responsible for paying all sub-

contractors including those nominated by the client.

GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 55

 CONTRACT DOCUMENTS
• Civil Engineering contract documents generally follows a
standard format of contracts entered into by government and
public bodies.
• The contract document consists of the contract agreement and the
following sets of documents, each page of which is signed by
both the owner and the contractor:
• Cover/Title page
• Content page: content of agreement with page references
• Notice inviting tender
• Tender form: may be a simple letter setting out the offer
• Schedule of issue of materials: this may include
• Schedule of basic materials
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 56
 • Cost of lubricants
• Cost of freight
• Drawings
• Specifications: the following
specifications are normally included
in the contract documents:
• General specifications
• Detailed specifications
• Conditions of contract: these are the
terms and conditions of the contract 9/23/2022 57

GEC529 Lecture Notes by Prof. D.O. Omole

 • In addition to the foregoing, performance bond and
payment bond are also considered as part of the contract
agreement. Other important contract documents are:

• The letter of acceptance: notification that this offer is

accepted

• The agreement: which is the actual deed of the contract. It is

a registered legal document and has all the other contract
documents (plural) annexed.
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 58
 INDUSTRIAL SAFETY LAWS
• The factories Act, 1958, amended in 1987 lays down the legal
requirements which have to be followed in factories and certain
other places. It is wide and comprehensive and the reader should
make sure that those requirements that are applicable to them are
known and understood by the persons in charge.
1. Meaning of “Factory” – in general terms, a factory includes
any premises where 10 or more persons are employed in manual
work in making, altering, repairing finishing, cleaning, washing,
breaking, or demolishing.
2. Registration – subject to certain minor exceptions, it is illegal
to operate a factory without first having obtained a certificate of
registration from a certified inspector.
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 59
3. Safety
• Every part of transmission machineries and dangerous parts of other
machinery and all parts of electronic generators and motors must be
securely fenced unless it is safe by position or constitution.
• Moving parts of other prime movers and the head tail races of water
wheels or water turbines must be securely fenced irrespective of position.
• All fencing must be of substantial construction and must be kept properly
maintained.
• New machinery that is power driven must not be sold, let on hire or used
unless certain specified part of the equipment such as projecting set-
crews, bolts, keys, spur and other toothed or friction gearing are
effectively guarded.
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 60
• Training – A person must not be employed to operate any machine
or process which is liable to cause bodily harm unless he has been
fully trained for the equipment.
• Periodic tests & examination of plant & machinery must be done.
• Hoists of lifts must be well constructed/assembled, made of sound
materials and maintained.
• Cranes, winches, chains, lifting tackles etc must be plainly marked
with its safe working load.
• Pressure vessels (steam boilers, team receivers, air receivers) must
be all be of sound construction and properly maintained

GEC529 Lecture Notes by Prof. D.O. Omole

9/23/2022 61
 • Falls (floors, passages, gangways, steps, stairs, ladders) must be
soundly constructed and maintained in good order. Hand rails must
be provided for stairs.
• Gassing – Special precautions e.g. provision of breathing apparatus,
resuscitatory apparatus etc must be available for work in places
where workers are likely to be overcome by dangerous fumes.
• Explosion – precautions must be placed in noticeable places in
areas that hold any explosive or inflammable substances.
• Fire – Fire extinguishers/ fire services stations must be provided in
all work places. These equipments must be serviced periodically.
Fire exits should be provided in factories & must be kept free of
obstruction.
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 62
 4. Health
• Cleanliness
• Overcrowding – there must be at least 400ft cubed of
space for each employee in every work room. He
must have at least 9ft at the lowest point o his ceiling.
• Ventilation
• Lighting
• Drainage of floors
GEC529 Lecture Notes by Prof. D.O. Omole
9/23/2022 63
 • Sanitary conveniences
• Dust & fumes
• Meals must not be ingested in certain workplaces where
poisonous substances are used.
• Protective clothing
• Protection of eyes (goggle for welding, felting, clipping
or scaling)
• Drinking water
• Clothing accommodation
• First Aid.
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 64
 4. TORT
• The term ‘tort’ has become familiar with the engineering community as a
result of increasing frequency of claims against professionals.
• Tort refers to a private or civil wrong or injury, one that involves
negligence, and that may arise independently of the contract.
• Legal writers are yet to agree on a definite and precise definition of tort.
It is best explained by examples.
• Example: A truck driver working for an engineering firm, hit a private
car, due to negligent driving. There’s no contract between the company
and the accident victim. However, tort liability has arisen.
• A contract need not exist for tort liability to arise (if the services are
performed negligently).
GEC529 Lecture Notes by Prof. D.O. Omole
9/23/2022 65
 Case Study

GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 66

• The fundamental purpose of tort is to compensate victims
of torts. Not to punish negligent wrongdoer.
• In order to satisfy the court that compensation should be
made, the plaintiff in a tort action must substantiate that:

GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 67

 Classification of Tort

GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 68

GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 69
 Concurrent Liability in Tort and Contract

GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 70

 REFERENCES
• 1. Marston, DL (2008). Law for Professional
Engineers: Canadian and Global Insights.
McGraw-Hill, Canada.
• 2. Abrahamson, MW (2005). Engineering
Law and the ICE Contract. 4th Edition. E &
FN Spon, London, UK.
•
GEC529 Lecture Notes by Prof. D.O. Omole 9/23/2022 71