1. Research on an Australian case on negligence from the list below (page 3).
2. Select the party you wish to represent – i.e. Plaintiff or Defendant. There is no need to choose both parties.
3. Read the original text of your case and understand it.
4. Group report: Write a report outlining the following:
a. Case introduction.
b. The facts of the case.
c. The issues raised by both plaintiff and defendant.
d. The arguments presented by both parties.
e. The judgment of the court.
f. Critical analysis of why the court decided in favour of or against the party you chose (i.e. plaintiff or defendant). Some points to consider for your analysis:
i. If your chosen party won the case, why was its case stronger or more compelling than the other party’s case? Why did the court agree with its arguments?
ii. If your chosen party lost the case, why was its case weaker or less compelling that the other party’s case? Why did the court disagree with its arguments?
BUSINESS LAW (NEGLIGENCE) CASES TO CHOOSE FROM
1. Nagel v Rottnest Island Authority (1993)
2. Modbury Triangle Shopping Centre v Anzil (2000)
3. Roads and Traffic Authority v Dederer (2007)
4. Esanda Finance v Peat Marwick Hungerfords (1997)
5. Fallas v Mourlas (2006)
6. Rogers v Whitaker (1992)
7. Caltex Oil v Dredge (1976)
8. Perre v Apand (1999)
9. L Shaddock v Parramatta City Council (1982)
10. Wyong Shire Council v Shirt (1980)
11. Hawkins v Clayton (1988)
12. Koehler v Cerebos (Aust) Ltd (2005)
13. Horne v Queensland (1995
Presentation The Organizational Health and Safety (OHS) Act, 1995 requires all associations to complete a hazard evaluation before making an intercession. Hazard appraisal requires the hazard to wellbeing and security to be controlled so far as is sensibly viable. The motivation behind this report is to explain security administration options and proposals for a speculative development organization ArchitektonikiDomi Ltd. The extent of hazard evaluation will be constrained to site format, defensive types of gear of laborers and discernible wellbeing and security dangers at the work environment. Foundation Information ArchitektonikiDomi Ltd is a private development organization in Athens, Greece. On April 11, 2009, it embraced development of a five-story multi-level building. The building plan comprised of a rectangular storm cellar, ground floor, single level on first floor, single level on second and third floors and a littler level on fourth floor. The goals of the plan regarding Time limits, Cost cutoff points and Quality prerequisites have been set out. Be that as it may, a few concerns with respect to the wellbeing administration at the worksite remains. Way to deal with Risk Assessment The initial phase in security administration is doing hazard evaluation under OHS rules (Burke, 2004) Distinguishing proof of Hazards A few perils were recognized by the creator in the given contextual analysis Inflammable materials: The nearness of a few inflammable or ignitable sources like welding instruments, burns or even cigarettes can cause a fire or blast at the development site. A fire can influence those present on the site, as well as the individuals who are outside as the site is situated at the core of the city by making genuine harm real frameworks like liver, lungs, or skin aggravation. Commotion levels: The clamor from the trucks and other development types of gear cause a considerable measure of commotion contamination at the development site. Clamor can be bothering for the development specialists and can cause loss of hearing which can build heart beat and feelings of anxiety in people which can adversely affect the strength of the laborers at the site (Kogi, 2006). Feathered creature drops: The development site pulls in a great deal of pigeons. The flying creature fecal matter is distinguished as a noteworthy peril to the wellbeing of each one of those present at the development site. Despite the fact that individual defensive types of gear (PPE) like facemasks with channel are required for the specialists and guests, they are not totally idiot proof as laborers are frequently seen to evacuate their PPE amid breaks. The flying creatures’ dung frequently contain Cryptococcus neoformans, a growth which can cause contamination of the lungs (CCPS, 2005). Along these lines, the specialists are presented to a genuine wellbeing danger. Eating zone: The eating zone which contains clean drinking water is at a significant separation from the development site. This has been done to dodge conceivable pollution of nourishment and water which can bargain the wellbeing of the laborers. Be that as it may, in summer months when the temperatures can take off to 40 degree Celsius, going in warmth can cause obviousness and even warmth stroke to the specialists (OHS Australia, 2009). Along these lines, the separation of eating zone can be a wellbeing risk amid summer months. Hazard Evaluation A hazard framework is utilized to assess the earnestness and probability of each hazard. The rating for Likelihood and Seriousness for each hazard is done in the accompanying grid. The dangers are appraised based on past records accessible and creator’s own encounters with these risks (Table 1). In the hazard lattice, the prescribed activities for different evaluations of hazard are offered by OHS directions (Table 2). Existing Safety Measures Before spelling out the suggestions for the development site, it is essential to analyze the current wellbeing administration measures No-Smoking zone: The development site is entirely a no-smoking zone. There is an assigned smoking zone for laborers who need to light a cigarette. In the event that a fire occurs, there are various fire quenchers accessible at available spots. The laborers are prepared being used of these fire quenchers with the goal that they can control minor flames. The fire caution is capable of being heard to each place at the site and the fire station is found close-by. The clearing drills of the laborers are directed consistently if there should arise an occurrence of a crisis. This demonstrates the current control measures are sensible. Utilization of PPEs: The specialists associated with welding and burning are required to wear facemasks and ear plugs consistently which can lessen the impact of commotion. Different representatives are likewise furnished with fitting PPE so no lasting long haul impacts of commotion are experienced. The machines are oiled consistently with the goal that the commotion level is kept to a base. In any case, clamor must be viewed as a word related risk for a development site which can’t be totally discarded. In this way the current control measures are satisfactory so far as sensibly down to earth. Flying creature repellers: ArchitektonikiDomi Ltd. utilizes winged creature repellent procedures like splash to head out the flying creatures at the site. In any case, these are just utilized at the ground level. It isn’t monetarily possible to utilize these showers at the rooftop which has turned into a center point of pigeons. The defecation of these pigeons cause foul smell and wreckage at the development site. It isn’t cleaned routinely which implies that the specialists are dependably at the danger of interacting with the parasites which can cause lung contamination. This demonstrates a lack in existing control measures which can be enhanced. Eating zone: The eating zone is isolated from the development site to forestall conceivable pollution of clean particles with the sustenance or water. The specialists are relied upon to clean up before they enter the primary eating zone however it isn’t required. Amid summer months, when it is extremely sweltering, there is no course of action for cool drinking water or glucose water at the site itself. This can cause drying out or even obviousness under outrageous hot conditions. The control measures are obviously not sufficient and must be enhanced. Suggestions The accompanying wellbeing administration measures are suggested Winged animal shield methods: The feathered creature repellent splashes are not possible at statures as their impact is fleeting. A shield can be more compelling at repulsing the pigeons. This will decrease the flying creature excrement and in this manner diminish the danger of lung disease for the specialists. In addition, the ground level must be consistently cleaned to keep the foul scent to cause a disturbance among the laborers. This will diminish the hazard to soundness of the specialists. Moving vehicle for icy water/glucose: The effect of inaccessibility of frosty drinking water or glucose close-by must be seen over some stretch of time as it is generally low level hazard. On the off chance that troublesome frequencies like lack of hydration or obviousness among laborers increments after some time, move must be made. The activity can incorporate giving packaged mineral water or glucose to every laborer which they can convey with them. Then again, a moving vehicle can be apportioned for drinking reason which can diminish the need to make a trip long separation to get chilly water under greatly hot conditions.>