Case Study on Law and Ethics: Unilateral Mistake in Australian Contract Law

This case study discusses the concept of unilateral mistake in Australian contract law and the duty of nursing staff under the Care Act, 2014. It highlights the negligence committed by the hospital ward and the steps that should be taken by the management to prevent such incidents. The article also emphasizes the importance of providing satisfactory services to patients and fulfilling their requirements.

Case Study on Law
and Ethics

Mistake is very complicated terminology of contract law. Generally the rule says that where
any party misunderstands the law does not exempt such person from its accountability to
perform contract. There are many forms of mistake under contractual agreement . But in this
case study the ward of hospital especially nurse was at mistake. It has committed Unilateral
mistake under Australian law(Lawson and Davison,2015).. Where one individual in such
contract mistaken but the other person is aware about the circumstances. The equity plays
major role in providing compensation to the affected party in such case. Such provision of
law are dealt under Australian Contract law where breach on part of parties need to be
claimed in exchange of certain remedies.
Under Care Act, 2014, it was duty of nursing staff to take care of their patients in hospital
premises and give attention to their needs. This legislation mainly provides protection to
patients majorly old people from abuse and enhance the facilities required for taking care. It
focuses on certain necessities and requirement of an individual. This act tells about the
importance of service providers analysing their needs. The act guides in the above case to
increase number of staff member by recruiting new people with their expertise in required
field. It is duty of management to assign roles and responsibility to the staff via keeping
check on every patients fulfilling their needs with proper care and attention. In this case
negligence was committed on part of hospital ward or staff of nursing who was under
obligation and had duty to take care within reasonable guidelines under Australian Contract
law(Chidambaram, 2018).
The main cause of such omission and erroneous action, conduct, behaviour due to
carelessness on their part and taking undue advantage by not taking care of patients. The
major steps must be taken by hospital management to deal with such accidents as it will ruin
their reputation in market as well. The patients due care must be their top most priority and to
curb such situation. It is required by authority to engage in admission of new staff by
recruiting doctors, nurses, ward boys etc. Each and every departments of hospital must be
attentive about the duties and give reasonable observation to patients. For this several roles
must be assigned to each member of hospital giving their services as service provider keeping
check on patient frequently. With certain responsibility on different time slots and shifts.

There is special requirement to focus on people who are at risk and low life ratio. By
satisfying all these measures it can attain satisfying services to its users under Care Act ,
2014 with aim to fulfil the requirements and wants of humans(Hemming , 2020).

References
Lawson, C., & Davison, M. Australian Export: A Guide to Law and Practice 2nd ed.
(Cambridge University Press, 2015, with B. Bishop); The WTO Agreement on Trade-Related
Aspects of Intellectual Property Rights: A Commentary (Edward Elgar, 2014, with.
Chidambaram, R. (2018). Opinion: It's a mistake not to have this
conversation. Medicus, 58(9), 39.
Hemming , 2020 Submission to Queensland Law Reform Commission on review of consent
laws and the excuse of mistake of fact.
Cheluvappa, R., & Selvendran, S. (2020). Medical negligence- Key cases and application of
legislation. Annals of Medicine and Surgery, 57, 205-211.