LAW IN BUSINESS

Law in Business

Assignment 1

Explain how the tort of negligence could be applied to the scenario. Be sure to explore every relevant point and to illustrate your findings by reference to decided cases.

Introduction

Mr. Alf, an elderly disabled gentleman who sustains a broken leg because Lucy on her first visit to Alf's house, Lucy strains her back while trying to lift Mr. Alf as he is morbidly obese and following a stroke, is not load bearing. In addition, due to panic, Lucy committed negligence in her job; therefore, Lucy is responsible for her act of negligence. Moreover, if Lucy did a voluntary gesture and grossly negligent must be deliberate, planned, and intentional or invented. A worker who does so could be held responsible for his actions. Also, it is not considered a negligent act committed on impulse, involuntary, by distraction, lack of attention, forgetfulness, recklessly, by a simple error of the Lucy or by developments beyond the control and independent of the will of the worker. A good example of this situation is the Mr. Alf who got injured due to the lack of knowledge of Lucy about the patient, also about her job.

Discussion

The law on occupational accidents and occupational diseases is a law of compensation regardless of fault. By cons, Lucy made an exception in cases where the injury occurs only due to gross negligence and voluntary worker. Indeed, the tort of negligence provides that "an injury or disease, which is solely, due to gross negligence and voluntary worker who suffers an employment injury are not, unless it leads the patient's death or that causes him severe permanent physical or mental damage.” This means that a worker injured at work because she does something stupid and wilful neglect, and only for that reason; if the action taken voluntarily by the worker is alone responsible for injury to patient, cannot speak of an accident within the meaning of the law, since it is not a sudden and unforeseen event (Jay, 1995, pp. 42-76). The courts have several times refused a claim on the basis of gross negligence and voluntary worker. Here, is an example of decide case.

Applications exceeded the patient; a carer gives a punch on furniture and broke his hand. Even if, he did not want to intentionally hurt, he still refers to gross negligence and wilful as he chose to do something to express his anger. In fact, since his behavior and excesses belong to him, the worker must suffer the consequences of his personal gesture. An injury, that occurs due, to voluntary intoxication of the worker or employee of Caring Hands Care Agency, may also constitute gross negligence and wilful. Injury due to the fact that the worker did not meet basic safety rules or specific instructions of the employer or, even, because he deliberately refused to use the preventive measures required, can also be seen as gross negligence and wilful. Also, a voluntary worker using the wrong method of working can make a neglect of this ...