Duty of Care and Negligence in Workplace: A Case Study

Business law

Table of Contents
TASK 3............................................................................................................................................5
ISSUE:.............................................................................................................................................5
RULES.............................................................................................................................................5
APPLICATION...............................................................................................................................7
CONCLUSION................................................................................................................................7
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TASK 3
ISSUE:
Bob one of the employee of Recaf Pty (RPl) Ltd has been appointed as machine
operator. Before starting the work he was given training and instructions by Sarah the supervisor
of machine operators. Sarah has given correct instruction and even a guide book to Bob before
letting him operate the machine in the organisation on the use and operations of the machine.
Sarah is competent in her work. For the blockage of machine it is stated in the guidebook that it
must be left for 5 minutes to get depressurized before opening the same. In two of the event the
machine got blocked and Bob opened the machine in 1 minute only, but he did not get injured. In
the second instance he opened the machine after tis blockage in two minutes and injured himself
with effecting his eyesight of one eye. In this context he has brought demand letter for his
damages and injury. The issues to be identifies is a care of duty owed by Sarah to Bob. The
presence of standard of care and is there a breach of the same. Also there are any identification
of issues of causation and remoteness to the given case.
RULES
Duty of care
Duty of care can simply be defined as the legal obligation imposed on a person to always
act in the interest of other individual (Bernstein, 2018) . This concept is set in the tort liability
under common law. the main principle of duty of care is that a the person owing the duty have
an obligation to avoid the act or omission which could possibly be foreseen causing a harm or
injury to other people or persons. This means the person under this obligation must anticipate
the risk for those to whom care duty is imposed on him/her and take care to prevent the coming
harm.
The concept off duty of care was first established in the case of Donoghue v Stevenson
for its existence related to persons injury and property damages through the neighboring test.
This test stated that there two factor that set the care of duty obligation on person. This includes
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