SCENARIOS Home Builders Lod supplies and fits kitchens and bathrooms. Part of th
ID: 349124 • Letter: S
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SCENARIOS Home Builders Lod supplies and fits kitchens and bathrooms. Part of the business involves manufacturing its own files and furniture Jon is employed by Home Builders Ltd as a wood machinist operating a bench mounted circular saw. Today, while operating the circular saw, Jon caught his hand in the saw and severed 4 fingers. At the time this occurred, he had worked a 12 hour shift and for the last 6 hours of his shift his supervisor, Murad, asked him to lend his push stick (which he had been instructed to use for feeding small pieces of wood into the machine) to a colleague. He was working to complete an urgent job. Joe admitted that he had been distracted and chatting to a colleague when the accident occurred Advise Home Builders Ltd as to its liability in regence, induding vicarious intity and whetherary defecesare available to the company. What is vicarious liability? When is an employer vicariously liable for the actions of its employees? What are the 4 common law duties owed by an employer to its employees? What are the 3 points to be proved in any claim based on negligence? Would Jon be successful in a claim against his employer, Home Builders Ltd and why? What is 'contributory negligence? Would Home Builders Ltd be able to use the defence of contributory negligence in any claim by Jon?Explanation / Answer
What is vicarious liability? Vicarious liability is when one person is held responsible for actions or omissions committed by another person. When we look at it from the context of a workplace then the employer is held responsible for the acts or omissions of the employee provided it occurs during the course of the employment When is an employer vicariously liable for the actions of its employees? Employers are vicariously liable in the Respondeat Superior doctrine when acts of negligence or omissions are committed by the employees in course of employment. The employer is held vicariously liable if an authorized act of an employee is carried out in an unauthorized way What are the 4 common law duties owed by an employer to its employees? The four common law duties owed by an employer to its employees are: A safe place of work is to be provided Proper tools and equipment to be provided A safe system of working Staff who are competent What are the 3 points to be proved in any claim based on negligence? The three points that need to be proved in a claim for negligence are: Duty – in this scenario one party has a legal obligation of acting in a certain manner towards the other party. For example, it is the duty of the medical care provider to make sure that proper treatment is given to the patient Breach – this element means that the point of duty of care is breached or broken. It means the party did not conduct themselves properly due to which they did not fulfill their duty. For example, a medical care provider incorrectly diagnoses a patient which results in causing more harm to the patient Causation – in this scenario it needs to be proved that it was one party’s action or in some cases inaction which caused the injury to the other party. For example, a medical care giver does not treat the patient even though he needs immediate medical attention due to which the patient might die. If the caregiver had taken immediate action, then the patient would have been alive and well and due to his inaction the patient lost his life
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