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Question 9 - Across more than one Learning Outcome (30 marks) You are a claims handler for an insurer. You have received a claim from
Question 9 - Across more than one Learning Outcome (30 marks) You are a claims handler for an insurer. You have received a claim from a policyholder of the insurer, JKL Ltd, an information technology software company. The claim relates to a re at the premises of JKL Ltd. Investigations have revealed that the cause of the fire was an electrical fault. JKL Ltd recently offered Eirik a role as a software engineer, which he accepted and commenced work immediately. Eirik was seriously injured during the re. It is alleged that Eirik interfered with the premises' wiring which caused the electrical fault. As a result, Eirik was told that his services were no longer required. During the investigation of the claim, it has emerged that: - JKL Ltd dispute that Eirik is an employee stating that he is self-employed. . Eirik provided false references in his application for the role. - Eirik's manager found out, after the re, about the false references but stated that she would have taken Eirik on anyway. Eirik's spouse witnessed, on social media, the immediate aftermath of the re and is claiming for ongoing distress due to their concern for him. (a) Discuss the extent of JKL Ltd's legal liability towards Eirik. Refer to one statute and one case in support of your discussion. (15) (b) Discuss the extent of JKL Ltd's legal liability to Eirik's spouse. Refer to one case in support of your discussion. (3) (c) Explain, with justification, the legal issues raised by the provisions of the false references. (7)
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