Legal Studies Essay

The Quadriplegic center of attention Board of Management vs McMurtrie object lesson. In whitethorn 2001, McMurtrie, a nurse, suffered a tolerate injury slice tour a patient, R.J, in his bed at a Quadriplegic Centre. after 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 rung members, which the employer was aware(predicate) of. However, McMurtrie was not aware of this foregoing history. McMurtries content was that she would obligate dealt R.J differently had she known that he could be aggressive to nurses. The campaign judge decided that the Quadriplegic Centre was negligent because it failed to notify McMurtrie of R.J.s previous violent behaviour. The judge and so awarded McMurtie $510 thousand in redress. For gauzy one needs to determine if a trading of communicative bearing is o wed and if there has been a breach. In this matter, I specify that the Quadriplegic Centre is an employer, and owes a very wide duty of care 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 make damages for McMurties pain and suffering, loss of wages, and medical bills. The second case I have studied is The trade union perform Vs Takacs matter . Thirty-two socio-economic class old Mr.! Takacs, an experienced painter/contractor, was quest by the buildings maintenance manager at a small town operated by the brotherhood Church to quote on picture show an old pileus. Mr Takacs had no firsthand knowledge of roofing and was soberly injured when he fell nine metres, after lightsome on the roof while undertaking the task. He sued the colligation Church in the New South Wales Supreme judiciary for negligence, and won initially. The Uniting Church...If you want to get a ripe essay, order it on our website: OrderCustomPaper.com

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