Legal Studies Essay

The Quadriplegic center of attention Board of Management vs McMurtrie fibre. In may 2001, McMurtrie, a nurse, suffered a pricker injury tour play a patient, R.J, in his bed at a Quadriplegic Centre. aft(prenominal) 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 boldness was that she would hold dealt R.J differently had she known that he could be aggressive to nurses. The rill judge decided that the Quadriplegic Centre was negligent because it failed to notify McMurtrie of R.J.s previous cerise behaviour. The judge and so awarded McMurtie $510 thousand in redress. For slim one needs to determine if a employment of heraldic bearing is owed and if there has been a breach. In this matter, I hark 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 honorarium damages for McMurties pain and suffering, loss of wages, and medical bills. The second case I have studied is The trade union church service Vs Taka cs matter. Thirty-two socio-economic clas! s old Mr. Takacs, an experienced painter/contractor, was pass by the buildings maintenance manager at a crossroads operated by the brotherhood Church to quote on moving picture an old pileus. Mr Takacs had no firsthand knowledge of roofing and was mischievously injured when he fell nine metres, after idle on the roof while undertaking the task. He sued the union Church in the New South Wales Supreme court for negligence, and won initially. The Uniting Church...If you want to get a total essay, order it on our website: OrderCustomPaper.com

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