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Department of Civil and Structural Engineering

The Hong Kong Polytechnic University

CSE419
Engineers in Society

L
Leeccttuurree N
Nootteess

by

Ir Dr Lam Siu Shu Eddie


MSc PhD PgD(Law) PCLL CEng FHKIE FIStructE MIMechE RPE
Registered Structural Engineer
Class-1 Registered Structural Engineer PRC
Registered Inspector
Barrister
Mediator

1
List of References

1. A. Carver, Hong Kong Business Law, Longman, 2001


2. V. Bermingham, Tort in a Nutshell, Sweet & Maxwell, 6th Edition, 2002.
3. V. Bermingham, Nutcases Tort, Sweet & Maxwell, 3rd Edition, 2002.
4. R. Duxbury, Nutshells – Contract Law, 6th edition, Sweet & Maxwell, 2003.
5. J. Poole, Textbook on Contract Law, 6th edition, Blackstone Press, 2001.
6. A. Ruff, Nutcases – Contract Law, 2nd edition, Sweet & Maxwell, 1999.
7. N.J. White, Principles and Practices of Construction Law, Prentice Hall, 2002.
8. B. Wasserman et al, Ethics and the Practice of Architecture, John Wiley &
Sons, Inc., 2000.

Useful law related websites


1. Ordinances: http://www.legislation.gov.hk/eng/index.htm (BLIS)
2. Hong Kong case law (especially unreported cases): www.judiciary.gov.hk
3. Westlaw International and Lexis through the PolyU library website

Remember ISAS
I = identify the relevant area of law
S = state the relevant legal principle
A = apply this to the facts
S = support your answer with authority

Contract/tort law is a predominantly case law subject and the only way the examiner
can be sure that a particular statement you have made regarding a legal principle is
not just a lucky “common sense” guess is if you have an authority to support it. Name
of the case is required. If you cannot remember then you could identify the case by
brief reference to its facts (e.g. “The case involving the uncle who wanted to buy his
nephew’s horse” = Felthouse v Bindley)

Marks are gained for knowledge of the relevant law AND how well it is applied to the
facts. Try not to neglect either of these. Sometimes a major weakness is that
statements of the relevant law have been too brief, but sometimes a student tries to
impress by writing “ah I know about a particular topic” but fails to apply the law to
the problem. (An example that scores higher marks: … The authority established in
Felthouse v Bindley has indicated that “silence is not acceptance”. As Mr X did not
communicate his acceptance to Mr Y, there was no valid acceptance…)