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1 Assume legislation in Melbourne relating to work health and safety states the following. A person shall not knowingly leave exposed live electrical wire on
1 Assume legislation in Melbourne relating to work health and safety states the following. "A person shall not knowingly leave exposed live electrical wire on any construction site. Any person breaching this provision will incur a penalty of $10,000." The legislation defines the term 'person' to include a company. Fast Power Ltd is a multinational construction company and has been contracted to provide electrical services on a new building site in Hawthorn. Javen is an apprentice electrician employed by Fast Power Ltd. On a Friday afternoon, she was wiring some power points on the building site when her friend Brenda called her and asked her to meet for drinks after work. Javen really wanted to go, so she dropped her tools and went to meet Brenda. She knew she had left some live wires hanging out of the wall, but she thought no one else was on the construction site and she would go back first thing the next morning and complete the job. Unfortunately, there was a builder still on site and he came into contact with the exposed wires and was electrocuted and died. Gary McAlpine was a potential investor in the company. Prior to the accident he had agreed to invest $10,0000 in the company. Prior to the accident he had paid $8,000. Because of the accident he is now not prepared to pay the balance. REQUIRED: 1. Who is liable for the death of the builder, the company, Javen, her supervisor or all of them and why? 2. Is Gary liable to pay the remaining $2,000 and why
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