1. Fatima works at the Kempston "Living History" Museum as a part-time assistant.
2. Her agreement with the museum provides that she is self-employed.
3. It also states that she is free to either accept or reject work when it is offered to her and that she can decide when to take holidays. Fatima is only paid for the hours she actually works.
4. Fatima is supplied with a uniform, which she has to wear and is required to obey the reasonable orders of the museum's manager.
6. For the last two years, she always worked on Saturdays and Sundays and has been offered extra hours during school holidays (including half-term holidays).
8. On 23 October 2013, during half-term, Georgina, a girl in a wheelchair, was visiting the museum with her mother, Harriet. Harriet was pushing Georginas wheelchair. There were steps leading from the entrance hall into the museum and a lift for wheelchair users.
9. Fatima helped Georgina and her mother to use the lift. When Fatima shut the gate of the lift, she unfortunately closed it on Georgina's fingers and fractured Georgina's finger.

REQUIRED

(a) Explain the legal tests for establishing whether or not a duty of care exists in

negligence.(4 marks)

.

(b) Applying these tests, explain whether Fatima owes a duty of care to Georgina.(4 marks)

(c) Explain the tests used to decide whether someone is an employee under a Contract of Service

or an Independent Contractor under a Contract for Services.(4 marks)

(d) Applying these tests, explain whether Fatima is an employee or an Independent Contractor.

(2 marks)