Hi there,

So I have this question regarding contracts there is a clause where it states the employee will at all times while carrying out their duties take reasonable care for theirs and others safety.

1. My question is if I am writing an answer to a problem question where I have to prove that the employer caused the damage do I then have to refer to the Civil Liability Act s5D for causation because the employer owed a duty of care and it would fall under negligence if the employee got injured in any way.

2. My other question is will an hairline skull fracture cause disfigurement of any sort to the plaintiff.

Please explain the above as I am really confused.

Thank you.

And the tutor response that I got is as follows.

Civil Liability Act s5D outlines negligence causation requirements. An employer must owe their employee a duty of care to be liable for negligence. Show that the employer knew or should have known the employee was at risk. Section 5D of the Civil Liability Act should be cited in problem-solving answers. This section says an employer must care for all employees. Employer negligence is negligent if an employee is injured. A hairline skull fracture is a bone crack without a skin break. Fall or head trauma can cause this injury. Rest and pain relief are usually prescribed. A fall or impact can cause a hairline skull fracture.

Explanation:

Question 1

• In order to prove that the employer caused the damage, one would need to refer to the Civil Liability Act s5D for causation. This is because the employer owed a duty of care and it would fall under negligence if the employee got injured in any way. The Civil Liability Act s5D sets out the requirements for causation in negligence cases.
• In order to prove causation, It can be shown that the employer knew or should have known that the employee was at risk of injury. When one have established that the employer owed a duty of care, one must then show that the employer breached that duty. This can be done by showing that the employer did not take reasonable care to prevent the employee from being injured.
• One must show that the employee was actually injured as a result of the employer's negligence. This can be done by showing that the employee would not have been injured if the employer had taken reasonable care. If one can prove all of the above, then one will have successfully proven that the employer caused the damage.
• One needs to refer to the Civil Liability Act s5D for causation, as the employer owed a duty of care and it would fall under negligence if the employee got injured in any way. For example, if an employee was injured while using a piece of equipment that was not properly maintained by the employer, then the employer would be liable for negligence.
• Alternatively, if an employee was injured while performing a task that was not within their job description, then the employer would again be liable for negligence. In all cases causation would need to be proven in order to hold the employer liable. If one is unsure as to whether or not causation can be proven in ones particular case, then it is advisable to seek legal advice.
• In order for an employer to be liable for negligence, they must owe a duty of care to their employee. If one's client was injured in any way, this would fall under negligence because it was caused by one's client's employer's failure to meet their duty of care.
• If one is writing an answer to a problem question where one has to prove that the employer caused the damage, then it is important to refer to section 5D of the Civil Liability Act. This is because under this section, an employer owes a duty of care to all employees and thus any negligence on the part of the employer would be sufficient to establish causation.
• In this case, because it was foreseeable that employees might get injured during the course of work and that those injuries would be covered under insurance, it is likely that there will be causation. It is also likely that because the employer owed a duty of care to its employees, it would fall under negligence if any employee were injured in any way. Question 2
• A hairline skull fracture is a very thin break in the bone. It is also known as a linear skull fracture. This type of fracture is different from other, more severe fractures because it does not usually cause any displacement of the bone fragments. This means that the bone is still in alignment and does not cause any deformity.
• In some cases, a hairline skull fracture can cause a small dent in the head, but this is not usually considered to be a disfigurement. There are several causes of hairline skull fractures. The most common is trauma to the head, such as from a fall or a car accident.
• A blow to the head with a blunt object can also cause a hairline skull fracture. In some cases, a birth defect can cause a hairline skull fracture. Symptoms of a hairline skull fracture can include headaches, dizziness, nausea, and vomiting. There may also be a visible indentation on the head.
• In some cases, a hairline skull fracture can cause a small leak of cerebrospinal fluid. This can lead to a condition known as a CSF leak. A hairline skull fracture is usually diagnosed with a CT scan or an MRI. Treatment typically involves rest and pain relief. In some cases, surgery may be necessary to repair the fracture.
• A hairline skull fracture is a very thin break in the bone. It is also known as a linear skull fracture. This type of fracture is different from other, more severe fractures because it does not usually cause any displacement of the bone fragments. This means that the bone is still in alignment and does not cause any deformity.
• In some cases, a hairline skull fracture can cause a small dent in the head, but this is not usually considered to be a disfigurement. There are several causes of hairline skull fractures. The most common is trauma to the head, such as from a fall or a car accident.
• A blow to the head with a blunt object can also cause a hairline skull fracture. In some cases, a birth defect can cause a hairline skull fracture. Symptoms of a hairline skull fracture can include headaches, dizziness, nausea, and vomiting. There may also be a visible indentation on the head.
• In some cases, a hairline skull fracture can cause a small leak of cerebrospinal fluid. This can lead to a condition known as a CSF leak. A hairline skull fracture is usually diagnosed with a CT scan or an MRI. Treatment typically involves rest and pain relief. A hairline skull fracture will not cause disfigurement of any sort to the plaintiff.
• It occurs when there is a crack in the bones of the skull, but no break in the skin. This injury can be caused by a fall or by blunt force trauma. A doctor will typically notice this type of injury by looking at an X-ray of the patient's head. A hairline skull fracture is a type of minor head injury, in which there is no visible damage to the scalp or skull.
• This can cause damage to underlying structures such as the brain, sinuses, and blood vessels. As with any other type of head injury, a hairline skull fracture can cause disfigurement to the plaintiff. The plaintiff suffered a hairline skull fracture, which is a small crack in the skull.
• This injury is often caused by falls or blows to the head. While hairline fractures are typically not life-threatening, they can result in complications if they are not treated properly. Hairline skull fractures should be treated as soon as possible to prevent infection and other complications. If left untreated, a hairline fracture can lead to disfigurement of any sort.
• Hairline skull fractures are not known to cause disfigurement of any sort. A hairline skull fracture is a small crack in the bone, and it can be caused by a fall or impact. It may not be visible on X-ray, but it can cause symptoms such as headache, nausea, double vision, or pain on moving the head.
• The symptoms of a hairline skull fracture usually go away within two weeks of the injury. However, if these symptoms don't get better within two weeks or if one has any other symptoms such as difficulty speaking or understanding speech and vomiting blood, one should see the doctor immediately.

So my questions are as follows:

1. Are you sure that I have to go through the statutory causation for both torts and contracts when addressing the problem question as a whole and

2. Also for example if the plaintiff had to have a shunt put in after the hairline skull fracture would that be an example of disfigurement.

Please provide clarity on the above mentioned questions.

Thank you