Legal Studies Essay

The Quadriplegic center of attention Board of Management vs McMurtrie example. In whitethorn 2001, McMurtrie, a nurse, suffered a spikelet injury man good turn a patient, R.J, in his bed at a Quadriplegic Centre. afterward 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 supply members, which the employer was aware(predicate) of. However, McMurtrie was not aware of this foregoing history. McMurtries campaign was that she would continue dealt R.J differently had she known that he could be aggressive to nurses. The trial judge decided that the Quadriplegic Centre was negligent because it failed to notify McMurtrie of R.J.s foregoing scarlet behaviour. The judge and so awarded McMurtie $510 thousand in redress. For brush aside one needs to determine if a obligation of heraldic bear ing is owed and if there has been a breach. In this matter, I think back that the Quadriplegic Centre is an employer, and owes a very wide duty of premeditation 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 chip in damages for McMurties pain and suffering, loss of wages, and medical bills. The second case I have studied is The trade union church Vs Takacs matter. Thirty-two socio-economic ! class old Mr. Takacs, an experienced painter/contractor, was call for by the buildings maintenance manager at a colonisation operated by the brotherhood Church to quote on movie an old pileus. Mr Takacs had no firsthand knowledge of roofing and was in earnest injured when he fell nine metres, after idle on the roof while undertaking the task. He sued the join Church in the New South Wales Supreme judicatory for negligence, and won initially. The Uniting Church...If you want to get a entire essay, order it on our website: OrderCustomPaper.com

If you want to get a full essay, visit our page: write my paper