Legal Studies Essay

The Quadriplegic center of attention Board of Management vs McMurtrie gaucherie. In whitethorn 2001, McMurtrie, a nurse, suffered a cover charge injury spot twist a patient, R.J, in his bed at a Quadriplegic Centre. subsequently profanity at her, R.J. struck out towards her face while she was bend over him. To avoid the hit, she lurched backwards quickly, and suffered a back injury. R. J. had previously been physically aggressive towards two other mental faculty members, which the employer was aware(predicate) of. However, McMurtrie was not aware of this foregoing history. McMurtries instance was that she would go forward dealt R.J differently had she known that he could be aggressive to nurses. The political campaign judge decided that the Quadriplegic Centre was negligent because it failed to notify McMurtrie of R.J.s preliminary uncivilized behaviour. The judge and so awarded McMurtie $510 thousand in redress. For clear one needs to determine if a debt instrument of communicative bearing is owed and if there has been a breach. In this matter, I conceive that the Quadriplegic Centre is an employer, and owes a very wide duty of forethought to an employee to furnish a safe workplace. In my opinion, the Quadriplegic Centre breached this duty of care by failing to warn McMurtrie of RJs violent history, and therefore breached the duty of care owed and was negligent.

If I was the judge of this case I would make the Quadriplegic Centre Board of Management redress damages for McMurties pain and suffering, loss of wages, and medical bills. The second case I have studied is The trade union church bui! lding Vs Takacs matter. Thirty-two socio-economic class old Mr. Takacs, an experienced painter/contractor, was request by the buildings maintenance manager at a colonisation operated by the brotherhood Church to quote on paint an old pileus. Mr Takacs had no firsthand knowledge of roofing and was hard injured when he fell nine metres, after light-hearted on the roof while undertaking the task. He sued the unite Church in the New South Wales Supreme act for negligence, and won initially. The Uniting Church...If you want to get a safe essay, order it on our website: OrderCustomPaper.com

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