Greg is an employee of Handyman Hire Pty Ltd (HH), a company that hires small electrical and petrol driven tools and equipment to the public. Greg has been a mechanic for ten (10) years and has been employed with HH for approximately twelve (12) months. One Tuesday, at the end of a 10 hour shift while servicing his sixteenth chainsaw for the day, Greg lost concentration and the chainsaw made contact with and seriously cut his hand. Greg had been given limited instruction on the chainsaw but had competently operated and carried out numerous repairs and maintenance on other identical chainsaws over the course of his employment with HH. On this occasion, it appears that the last person to hire the chainsaw had left the switch in the "on" position when they returned the chainsaw to HH following use. Greg's hand was nearly cut off in the accident as he was not using a pair of high grade protective steel fibre gloves that may have prevented or at least limited his injury. Unfortunately, Greg's hand could not be saved. Greg's employer (HH) has a history of supplying safety gloves to all its mechanics but the mechanics often chose not to wear them because it was more difficult to work while wearing them. The owner of HH has received a call from Greg's solicitor who has indicated he will soon be suing HH for negligence over the incident. Is Greg likely to succeed in a negligence claim against HH? Explain why/why not. William is an employee of Bartis Road Machinery Pty Ltd (Bartis), a company that supplies compaction equipment to local councils when engaged in road repairs. William has been a mechanic for ten (10) years and has been employed with Bartis for approximately twelve (12) months. One Tuesday, at the end of a 10 hour shift while servicing his sixteenth hand driven stand up compactor for the day, William lost concentration and the compactor passed over his foot while testing the machinery. William had been given limited instruction on the compactor but had competently operated and carried out numerous repairs and maintenance on other identical compactors over the course of his employment with Bartis. On this occasion, it appears that somebody had left the compactor in the 'drive' position when the machinery was returned to Bartis by the council. William's foot was crushed in the accident and the sneaker he was wearing was destroyed. Unfortunately, William's foot could not be saved and had to be amputated. William's employer had a history of supplying safety boots to all its mechanics but the mechanics often chose not to wear them. William's employer has received a call from William who has indicated he will soon be suing Bartis for negligence over the incident. Is William likely to succeed in a negligence claim against Bartis? Explain why/why not. (10 Marks) Question 2 (6 Marks) Pool 1 Wiley hires a machine from Best Machines Pty Ltd (Best) for $3,000.00. The machine has been negligently maintained by Best. It breaks down on the first day he has it and Wiley is faced with the potential closure of his factory for three weeks until the machine is replaced by a new one. One option Wiley has is to hire a replacement machine from another supplier which would cost $5,000 in total. However Wiley has been told by the other supplier that there is no similar machine available for another week. Therefore, Wiley feels that he is forced to close his factory for three weeks. Normal losses associated with Wiley's business amount to $1,000 a day and his factory usually operates seven days a week. Due to the fact that he has closed his factory, Wiley has also lost a special lucrative government contract worth a further $50,000. What damages can Wiley claim and why? (6 Marks) Pool 2 Cleaver Brown is a successful lawyer. One evening he was dining at the Sea Salt Restaurant on Darling Harbour in Sydney and because of the chef's failure to prepare his meal properly, he suffered food poisoning. The meal cost Cleaver $40.00 The poisoning results in Cleaver spending a week in hospital. Because he was uninsured, Cleaver had to pay $3,000 in medical expenses. Cleaver is also unable to work for one (1) month. Ordinarily Cleaver would earn $16,000 per month. Cleaver's colleague named 'Marty' offered to do one weeks work for Cleaver for $3,000.00 however Cleaver rejected his colleague's offer. Cleaver's illness also causes him to lose a particularly lucrative case in which he was to receive a fee of $25,000 for a month-long court trial. Advise Cleaver Brown what damages (if any) he is entitled to for a breach of contract. Explain your reasoning. (6 Marks)