UNIVERSITY OF MORATUWA

LEVEL I SEMESTER II EXAMINATION IN

B.Sc. (QUANTITY SURVEYING) / B.Sc. (FACILITIES MANAGEMENT)
2007/2008

BE 1308 – LEGAL SYSTEMS OF SRI LANKA

31.03.2009

TIME ALLOCATION : 9.00 A.M. TO 11.00 A.M.

MAXIMUM MARKS : 100
UNIVERSITY OF MORATUWA, SRI LANKA
LEVEL I SEMESTER II EXAMINATION IN
B.Sc. (QUANTITY SURVEYING) / B.Sc. (FACILITIES MANAGEMENT)
2007/2008

SUBJECT : BE 1308 – Legal Systems of Sri Lanka

TIME : Two (02) Hours

INSTRUCTIONS : a. Answer only four (04) questions.

b. All questions carry equal marks.

c. Answer each section in a separate booklet.

01. a. Explain as to why Laws are important to quantity surveyors and facilities
managers for their professional work ?
(08 Marks)

b. Describe various sources of law in Sri Lanka. (06 Marks)

c. Write an account of the modern structure of courts (Judiciary) in Sri Lanka.

(06 Marks)

d. Briefly explain the powers and functions of the Supreme Courts in our
country. ( 05 Marks)
(Total 25 Marks)

02. a. Write an introduction on legal systems of Sri Lanka. (10 Marks)

b. Describe the importance of Roman-Dutch Law (Common Law) in Sri Lanka.

(05 Marks)

c. Describe briefly applicability of English Law for business matters in Sri

Lanka. (05 Marks)

d. What is the difference between “Legislation” and “Judge- Made Law”.

(05 Marks)
(Total 25 Marks)

2
03. a. Specify Five (05) Ordinances/Acts relating to Construction Law in Sri Lanka.
(05 Marks)

b. Write a short description identifying the areas of Construction Law.

(08 Marks)

c. Explain what is meant by “litigation” in the Sri Lankan legal system.

(05 Marks)

d. Define “ Dispute ” according to the Construction Law .

Briefly discuss causes of disputes in a construction industry in Sri Lanka
(07 Marks)
(Total 25 Marks)

04. a. i. Describe what is meant by -“Legislation / Enacted Law/ Statutes Law”

in Sri Lanka.
ii. Briefly discuss various legislation related to the Construction Industry/
Built Environment in Sri Lanka . (10 Marks)

b. Identify which courts of first instance has jurisdiction concerning following

three (03) case matters.

i. Sarath was employed as a shroff in a Construction Company. He has

committed the penal offence of criminal breach of trust , forgery and
theft in respect of a sum of Rs. 250,000. The company has informed
to Criminal Detective Bureau of the Police.
In what court should the Police file action against the suspect Sarath .?
(05 Marks)

ii. ICE Contractors (Pvt.) Company Limited was constructing a housing

apartment complex in the Colombo city. This construction company
used a crane to lift the equipment. Ranil a passer by on the road has
been injured by a falling down of the equipment due to the negligence
of crane operator. Ranil intends to institute legal action against the
crane operator and construction company claiming damages of Rs.
400,000 for injuries sustained.

In what court should the plaintiff (Ranil) institute action for the tortius
action.? (05 marks)

3
 iii Meepura Municipal Council is maintaining a garbage dumpling site in a
tickly populated locality. The nastic (bad) smell emanating from that
garbage and the breeding of mosquitoes and other insects have become
health hazards. The people affected have lodge complains to
Authorities. Further there is a complaint the low line areas has been
subject to floods now and then. There is another complain that air
pollution and water contamination as a result from this unplanned
disposal of refuse.
In what court should the villagers file action against the Municipal
Council against nuisance? (05 Marks)
(Total 25 Marks)

05. a. “Most of the Law applicable in any country can be classified or categorized
by the subject areas they relate to or govern. There are of course some
laws that are of general application and are not restricted to any topic or
subject to such as Criminal Law, Contract Law, Law of Property or
Commercial law etc. The Criminal Law will apply to any one who
commits a criminal offence irrespective of who he or she is. Contract Law
will apply to any one who breaches an agreement.
On the other hand, there are several laws and that deal with specific
subjects or specific areas. Good examples of specific laws can be given
from the areas of business or commercial law. Company Law will only be
applied for concern those who run companies or deal with them.
Partnership Law will apply only to those who trade as partners and third
parties who have transactions with partnership.”
Discuss different categories of Law (Different Branches of Law) and the
areas they cover.
Candidates are expected to identify and discuss all branches in Civil Law
involved in the Construction Law areas and to discuss about their
legislation.
(20 Marks)

b. Pulle is an Architect. He has entered into a written agreement (contract)

with New Lanka Trading Company (Pvt.) Ltd in Moratuwa for purchase of
special drawing papers and other stationeries to the value of Rs. 250,000.00.
New Lanka Trading Company (Pvt.) Ltd failed to supply the requested
goods on or before the date fixed for delivery. Hence, the Architect could
not prepare designs/drawings to an important clients and incurred a
substantial loss. Pulle intends to institute legal action against New Lanka
Trading (Pvt.) Ltd for the breach of contract.
Discuss the legal remedies available for Pulle. (05 Marks)
(Total 25 Marks)