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You have begun working in the civil litigation department of BP CollinsSolicitor's office as a trainee legal executive. One client of the Solicitors is a
You have begun working in the civil litigation department of BP CollinsSolicitor's office as a trainee legal executive. One client of the Solicitors is a large company known as Blocks, Box and Sales. It has a building division and a wholesale food division. The managing director has recently visited the Solicitors for advice and your supervisor has instructed you to research the elements of the tort of negligence, together with vicarious and occupiers' liability in the context of these case scenarios to establish liability and to provide advice to the client: Mark aged 26, is a welder with Blocks, Box and Sales, building division. Despite wearing the work-supplied goggles, he gets shards of metal in his eye while welding machinery. He is transferred to hospital as soon as possible, where he undergoes an operation to remove the metal. Unfortunately, it is the surgeon's first operation, and the operation results in Mark losing the sight in his eye. Peter (18) is a labourer working for Blocks, Box and Sales, building division. He takes his friend Bob (15) to a site owned by the companyone evening to show him where he works and the progress of thebuilding work. Although there is safety fencing at the entrance to the site, Peter takes Bob into the site via a back entrance where there is no fencing. In the fading light, both fail to see the trench for the foundations of a new building and fall into it. They both suffer leg fractures. Mary, aged 50, works for Blocks, Box and Sales, wholesale food division. She had previously (5 years before) been involved in a car accident, which resulted in serious injuries to her left leg, and meant that her left leg was shorter than the right and she had to use a walking stick to get around. One day at work, as she is crossing the floor, at the wholesale depot, a crate fell from its stack, pinned her to the ground and she suffered injuries to her back and partial amputation to her right leg, which resulted in Mary being wheelchair bound. Aamra works for Blocks, Box and Sales, wholesale food division on the cold meat counter. Her job was to serve and use the equipment to slice the cold meats as required by the local business customers. Abdul also worked on the same counter. One evening Aamra had cleaned the slicing machine, but was interrupted, and then forgot to put on the safety guard. The next morning, Abdul was the first to use the machine, and as the guard was not on, the machine sliced off two of his fingers on his right hand. He is right handed, and also a promising cricketer, who has just been called up to play for his county. You are required to research the law and use the case scenarios suitable to advise Blocks, Box and Sales on the aspects of civil liability that may affect thecompany. The application of the law to these case scenarios must include all relevant decided cases and statutes to support the advice given, and demonstrate a considered andcomprehensive understanding of all areas of law covered. Analyse the benefits of being a visitor or an employee, rather than a trespasser or independent contractor, in the event of a legal dispute
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