Question
The Sporting Club has a restaurant, and has made an arrangement with Smart Catering that Smart will operate the restaurant. Smart instructs West End Decorators
The Sporting Club has a restaurant, and has made an arrangement with Smart Catering that
Smart will operate the restaurant. Smart instructs West End Decorators to re-decorate the
restaurant. Smart's own employee, Ms. Fuse, is to rewire the restaurant and kitchen at the same
time. The Sporting Club's maintenance man, Mr. Grey, hovers around while the wiring and
redecorating is being carried out; Mr. Grey is the only person who knows exactly how the circuit
in the restaurant works. On the first day the foreman of West End Decorators turns all switches
off in the restaurant and kitchen. At lunchtime Ms. Fuse puts some switches on in order to test
her work. She is observed doing this by Mr. Grey. Ms. Fuse leaves the light switches on, and
when Jack, an employee of West End Decorators working on the restaurant ceiling, resumes
work, he receives a shock from a wire protruding from the ceiling and falls from the ladder,
severely injuring himself.
West End Decorators are a very small business; they have not taken out an employer's liability
insurance and have no real assets.
Questions
1. With reference to the relevant law/ Act consider and advise the legal liability to all
parties. (20 marks)
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