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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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