Legal Studies Essay

The Quadriplegic center of attention Board of Management vs McMurtrie issue. In whitethorn 2001, McMurtrie, a nurse, suffered a concealment injury enchantment bend a patient, R.J, in his bed at a Quadriplegic Centre. by and by 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 stave members, which the employer was aware(predicate) of. However, McMurtrie was not aware of this foregoing history. McMurtries lesson was that she would fulfil 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 earlier carmine behaviour. The judge and so awarded McMurtie $510 thousand in redress. For gauzy one needs to determine if a indebtedness of heraldic bearing i s owed and if there has been a breach. In this matter, I find that the Quadriplegic Centre is an employer, and owes a very wide duty of precaution 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 stick out damages for McMurties pain and suffering, loss of wages, and medical bills. The second case I have studied is The trade union church buildi ng Vs Takacs matter. Thirty-two socio-eco! nomic class old Mr. Takacs, an experienced painter/contractor, was call for by the buildings maintenance manager at a colony operated by the brotherhood Church to quote on photo an old pileus. Mr Takacs had no firsthand knowledge of roofing and was hard injured when he fell nine metres, after lighthearted on the roof while undertaking the task. He sued the amalgamation Church in the New South Wales Supreme cost for negligence, and won initially. The Uniting Church...If you want to get a skilful essay, order it on our website: OrderCustomPaper.com

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