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OHSE LAW 1200 WORDS ANSWER QUESTIONS

Question 1 (50 marks)

Jack met with a road traffic accident caused by the negligence of Raymond, a driver from Triad Company whilst being conveyed to work. His transport was arranged by his employer by AXS Pte Ltd, a construction company which was insured by Green Insurance Company. AXS filed an I-Report (Work Injury Compensation Claim-WICA) and the case was registered and MOM assessed the claim. AXS also paid a sum of $42,000 for Jack’s medical expenses and paid his medical leave wages.

(a) Jack’s case was assessed by MOM and he is dissatisfied with the work injury claim. Explain what objections can he raise before the Commissioner for Labour?

(10 marks)

(b) Can the employer or insurer raise any objection to the injury claim? If yes, describe those.

(10 marks)

(c) Assuming Jack now decides to withdraw from the WICA claim and wants to pursue a Common Law and approaches you to explain the main differences, briefly advise him on the differences?

(15 marks)

(d) Assuming Jack proceeded with a Common Law claim against the third party in a road traffic accident claim. He now claims the medical expenses of $42,000 which had already been paid by his employer as special damages in the belief that his employer will recover this sum from him as a “loan” or “advance”. Advise whether the third party or his insurer can raise any objections to this claim of special damages by Jack.

(15 marks)

Question 2 (50 marks)

Mark collected his car from the ‘Abacus’ garage after its annual service. He drove out of the garage and into a busy road. Before he had picked up any speed, a pedestrian, Lucy, crossed a pedestrian crossing ahead of him. Mark applied the brakes but the car did not stop. He was able to swerve and bring the car to a halt without damage, but Lucy was struck a glancing blow and fell over. Lucy was taken to the Apec General hospital, where the nurse at reception accorded her a low priority and Lucy had to wait about 3 hours to see a doctor. When her turn came, she could not stand. It was found that she sustained more serious back injury and she is likely to suffer permanent paralysis. If she had been given a suitable support and seen promptly, these consequences would probably have been avoided. Mark also later found out that Abacus garage had failed to reconnect the brakes before the car was returned to Mark.

(a) What must Lucy prove to succeed in an action for negligence? (10 marks)

(b) Can Lucy bring an action against Mark? (5 marks)

(c) Can Lucy bring an action against Abacus garage? (10 marks)

(d) Was the hospital or nurse in breach of any duty? (15 marks)

Taidot: Työlainsäädäntö, Laillinen, Oikeudellinen tutkimus, Oikeudellinen kirjoittaminen

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