Aug 11, 2017

What laws/Acts may have been broken by the School?

This paper concentrates on the primary theme of What laws/Acts may have been broken by the School? in which you have to explain and evaluate its intricate aspects in detail. In addition to this, this paper has been reviewed and purchased by most of the students hence; it has been rated 4.8 points on the scale of 5 points. Besides, the price of this paper starts from £ 40. For more details and full access to the paper, please refer to the site.

Legal Rights and Responsibilities: The Case of Julie

INSTRUCTIONS:
You should follow this case to answer the question and make a summary report. Julie is employed at a local School. Julie has a physical disability – she suffers from chronic rheumatoid arthritis in one of her arms. When un-loading stationery and storing it in the stationery cupboard she has a twinge in her arthritic arm – the cupboard fell on top of her as she was loading it and she is injured as a result of this accident. When sued for damages the School pleads: a) Julie was negligent in not waiting for an inspection or additional help by a another person to complete the piece of work safely b) Julie willingly accepted what she knew, would be a difficult task based on her disability, and; c) Julie could have prevented the shelving to fall had she been more careful. 1) What laws/Acts may have been broken by the School. 2) Discuss the legal points in detail and advise all parties as to their rights and responsibilities.
CONTENT:
Legal Rights and Responsibilities: The Case of JulieDetermining NegligenceIn the case of Julie, we must determine the issue of negligence on the particular instance and the surrounding circumstances of the case. It is the responsibility of the employer upon hiring Julie to have full knowledge of her disabilities and to give her a job that is appropriate given her health condition. In Roe vs. Minister of Health (2 AER 131, 1954), we can see that knowledge of certain facts should have led the employer to foresee possible loss damage and should therefore anticipated the liability. And therefore the school should not have given her work that might lead to the accident that Julie suffered.Taking Necessary Precautions and knowledge of RisksJulie`s employer should have taken the necessary precautions that could have prevented the accident from happening. We can find a basis for this in the case of HYPERLINK "http://en.wikipedia.org/w/index.php?title=Haley_v_London_Electricity_Board&action=edit&redlink=1" o "Haley v London Electricity Board (page does not exist)"Haley v London Electricity Board [1964] 3 All ER 185, where the responsibility of taking the important precautions rests on the shoulders of the employer. The employer, upon hiring Julie has full knowledge that risks are involved. Knowing fully w...


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