Corporate Law: Negligence and Work Health and Safety 2011

Running Head: CORPORATE LAW
CORPORATE LAW
Name of the Student:
Name of the University:
Author Note

1CORPORATE LAW
In this given case study it has been provided that Squelch Ltd., an Australian Public
company which manufacturers beverages, encountered an unfortunate incident. One of the
technicians of the aforementioned company Leonard had been asked by Jenifer, the director of
Squelch Ltd. to physically move within the broken down machinery to resolve the issue. Such
technician had resolved the problem, but before he came out, Jenifer instructed to start the
machine due to which Lenard sustained serious injuries. The issue in question is whether
Squelch should face civil and criminal due to the accident in which Leonard was injured.
It can be stated that for the purpose of assessing the issue in context of legal provisions, it is
important to discuss the legal provisions of Negligence and Work Health and Safety 2011. An
organization will face civil liability in case it is established that there was Negligence on the part
of the organization due to which the concerned employee sustained severe injuries. The law of
Tort in Australia has been derived from English common law. The Civil Liability Act 2002 also
governs the law related to Negligence and Tort in Australia. In order to prove that the defendant
had been negligent in his actions, the plaintiff is required to establish that all the essential
elements of Negligence had been present. The essential elements of Negligence can be defined
as:
 Duty of care
 Breach of duty of care
 Causation
As held in the case Caparo Industries plc v Dickman [1990] 2 AC 605 a three part test must be
applied to assess: