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Law of Obligations (Tort Law)LLB
Pages 4 (1004 words)
Beatrice (the "employee") has at least two possible causes of action against Alchemy plc (the "employer) which are as follows: (1) a claim for personal injuries in respect of the employer's breach of its duty to provide a safe system of work and (2) a claim for loss of income…
The employer, on the other hand, may have a claim for damages against Beatrice for her negligence.
Employer's Duty of Care and its Breach. In the recent case of Jones v BBC, 2007 WL 2187023 (QBD), where Jones, a freelance sound recordist for defendant BBC claimed that he suffered personal injury when a windmill rotor fell onto his back causing severe spinal injury rendering him paraplegic. In ruling for the claimant, the court stated that since BBC's safety crew had identified a risk of the falling mast, a discussion before filming should have been made to warn the crew not to go beneath it. But the safety crew did not give the warning. Such failure of BBC, through the safety crew, is considered negligent which caused Jones' accident. Thus, the BBC was liable for Jones' injuries. Also, the cameraman and Jones worked as a team because their equipment was linked. Jones with his equipment was following the cameraman who had decided to pass beneath the mast thereby leading Jones into the hazardous area. The cameraman was then in breached of his duty of care and the BBC was vicariously liable for that negligence. In Wilsons & Clyde Coal Company, Limited v English,  A.C. ...
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