You are an employee in the operations department of a mining company, Gould Mining Pty Ltd. The company has entered into a contract with a staffing solutions provider, Better Workers Pty Ltd, to provide staff on an ongoing basis, to drive the mining trucks that are operated by Gould Mining Pty Ltd. The agreement between Gould Mining Pty Ltd and Better Workers Pty Ltd is that the staffing company would provide the workers and pay their wages whilst determining their work system and rosters, while the mining company would be responsible for maintaining the trucks to ensure that they are in good workingorder and are safe to drive when needed.

On the morning of 7 December last year, Geoffrey was driving one of the trucks, having been instructed by Better Workers to do so. On his way to the mines Jack requested to hitch a ride in the truck, so that he could get to and repair one of the trucks that had stalled at the entrance of the main mine. Jack was a local mechanic who had been requested by the mining company to repair the truck and he intended to drive it back to the base. As he boarded the truck that Geoffrey was driving, he failed to see the sign on the door of the truck that stated, "No unauthorized passengers are permitted at any time". As the ride to the mines was a short one, Geoffrey did not think twice about giving Jack a ride. The trip to themines was a rather bumpy one and as Geoffrey was navigating the final bend towards the mines at a considerably high speed, he lost control of the truck, which toppled over and eventually landed on its side. In the process the passenger door of the truck,which was faulty, flung open and Jack was thrown out of the truck onto the road where he landed heavily and broke his right arm. Jack was hospitalized for a few days and lost the use of his arm for two months.

It is now February in the following year andyour Operations Manager, Brad Stern, has passed on to you a letter from Jack's solicitors demanding that Gould Mining accept liability for the injury suffered by Jack. Brad believes that it is Better Workers that should be held responsible and would like you to write a memorandum of advice on whether there are grounds to hold Better Workers Pty Ltd liable, so that he can present it to the management committee of the board of directors of Gould Mining Pty Ltd

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