Question
1) Case Details: Consider the following factual scenario and explain if causation, as an element of a negligence claim, is present: Cleo Archer works as
1) Case Details:
Consider the following factual scenario and explain if causation, as an element of a negligence claim, is present:
Cleo Archer works as a sous chef in a restaurant. She has a medical condition called 'Osteogenesis Imperfecta', which is a disease that results in fragile bones that break easily. While cooking at work one morning, she accidentally burned her hand with hot oil and had to go to the hospital. While in hospital, she also broke her elbow. This increased the number of days she had to be confined and, consequently, her hospital bill was higher than she expected.
Kindly Explain in detail
Is her employer responsible for the broken elbow she suffered while in the hospital? (With reference to Australian Law)
2) Case Details:
Amanda and Emilia are co-directors and members of Griffin Pty Ltd, which imports widgets from Vietnam and sells them in various hardware stores in regional NSW. Griffin has a medium-sized warehouse where it stocks goods, and from which it distributes products.
Griffin recently signed a contract to supply a large hardware store in Orange and Dubbo with widgets. So the company ordered 10 pallets of widgets from its Vietnamese supplier and also paid a substantial deposit. A shipping company that carries goods into Australia has already brought the pallets into the country and has sent their bill to Griffin.
After a couple of deliveries to the hardware store, a safety issue is discovered with the widgets and the government bans the sale of the widgets. the hardware store cancels all further orders of the widgets.
Now, Griffin has no future revenue and its remaining stock of widgets cannot be sold. The shipping company is demanding payment of its invoice; there are also several outstanding bills to the ATO, staff, and other suppliers.
Amanda and Emilia do not know what to do.
Kindly Explain in Detail:
Is their company insolvent?
If it is, what action would advise them to take? (With reference to Australian Law)
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