Scenario
Hitchcock Homes Ltd (HH) is a building contractor engaged in constructing a new residential
development immediately next to an existing housing estate built two years ago on the outskirts of
the village of Manderley. Due to bad weather over the winter there has been a delay in the
programme of work. HH extended its working day from its usual 5 p.m. finish to 8 p.m. on weekdays
and introduced working on Saturday and Sunday from 7.30 a.m. to 12 noon.
Rebecca, who owns a property adjacent to the new site, has complained to HH about the noise
emanating from it. She says she expects peace and quiet in the village when she comes home from
work and at weekends. She is currently a student on a distance learning course and must study in
the evenings and at weekend. She finds the noise distracting.
Jack is a local plumber under contract to HH to complete the plumbing for bathrooms in the houses
being constructed. He has been instructed by HH that he must always wear a hard hat when on site.
Despite being supplied with a hard hat, he regularly forgets to put it on. Whilst working on site, Jack
is injured when Sanders, a roofer directly employed by HH, negligently dislodges a roof tile which
hits Jack on the head when he is not wearing a hard hat.
Rebecca and Jack are now threatening legal action against HH.
Task
Critically evaluate the scenario above and using your knowledge of:
a. the tort of private nuisance advise HH on its legal liability to Rebecca and
b. the Occupiers Liability Act 1957 and vicarious liability advise HH on its legal liability to Jack.
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