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    TUT. 7 Vicarious Liability

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    Britney valladares
    1. The document discusses four different scenarios involving potential vicarious liability: (1) A temporary nurse gives an overdose of medication to a patient at a nursing home. (2) A construction company driver picks up a neighbor, against company rules, and crashes, injuring the passenger. (3) A school messenger crashes into a pedestrian while diverting personal errands during work hours. (4) A temporary doctor fails to properly treat a high-risk patient during emergency surgery at a nursing home. 2. The document provides details of each scenario and asks to advise the parties involved on their legal rights and liabilities based on precedents. Case law references are required to support answers.

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    TUT. 7 Vicarious Liability

    Uploaded by

    Britney valladares
    112 views2 pages
    1. The document discusses four different scenarios involving potential vicarious liability: (1) A temporary nurse gives an overdose of medication to a patient at a nursing home. (2) A construction company driver picks up a neighbor, against company rules, and crashes, injuring the passenger. (3) A school messenger crashes into a pedestrian while diverting personal errands during work hours. (4) A temporary doctor fails to properly treat a high-risk patient during emergency surgery at a nursing home. 2. The document provides details of each scenario and asks to advise the parties involved on their legal rights and liabilities based on precedents. Case law references are required to support answers.

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    1. The document discusses four different scenarios involving potential vicarious liability: (1) A temporary nurse gives an overdose of medication to a patient at a nursing home. (2) A construction company driver picks up a neighbor, against company rules, and crashes, injuring the passenger. (3) A school messenger crashes into a pedestrian while diverting personal errands during work hours. (4) A temporary doctor fails to properly treat a high-risk patient during emergency surgery at a nursing home. 2. The document provides details of each scenario and asks to advise the parties involved on their legal rights and liabilities based on precedents. Case law references are required to support answers.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    112 views2 pages

    TUT. 7 Vicarious Liability

    Uploaded by

    Britney valladares
    1. The document discusses four different scenarios involving potential vicarious liability: (1) A temporary nurse gives an overdose of medication to a patient at a nursing home. (2) A construction company driver picks up a neighbor, against company rules, and crashes, injuring the passenger. (3) A school messenger crashes into a pedestrian while diverting personal errands during work hours. (4) A temporary doctor fails to properly treat a high-risk patient during emergency surgery at a nursing home. 2. The document provides details of each scenario and asks to advise the parties involved on their legal rights and liabilities based on precedents. Case law references are required to support answers.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
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    Tutorial: 7

    Topic: Vicarious Liability

    1. The Getwell Nursing Home is a private hospital that has both permanent nursing staff and
    temporary nursing staff who are recruited from the Careful Nursing Agency when the
    hospital is short staffed. The Agency pays a salary to its nurses and charges the hospital a
    fee for its services. Ms Florgale is sent by the Agency to work at the hospital for one
    week. One night Mr Lye, a patient, asks her for a double dose of his medication to help
    him sleep. Ms Florgale tell him that she is not allowed to do so without the authority of
    the doctor. Mr Lye untruthfully tells her that the doctor has said that he may have an extra
    dose whenever he needs it and that the regular nurse has given him an extra tablet on
    several occasion. Ms Florgale therefore gives him an extra dose which cause Mr Lye to
    get a non-fatal heart attack.

    Advise

    (a) Mr Lye
    (b) Careful Nursing Agency
    (c) Getwell Nursing Home
    (d) Ms florgale
    On their rights [25 marks]

    2. Wayward is employed as a driver by the OBAY Construction Company. It is a company


    rule that only their employees may be transported in their vehicles. A notice displayed on
    the dashboard of the company’s truck states:

    “OBAY Construction Company employees only allowed in this truck. The company can
    accept no liability towards any other persons riding in this vehicle.”

    While driving the company truck downtown, Wayward picks up his neighbor Fredo to
    give him a ride uptown. On the way uptown, Wayward falls asleep and crashes into a
    bridge at the side of the road. Fredo is thrown out of the truck and seriously injured. He
    was not wearing the seat belt because he always felt trapped by seat belts. Wayward
    escapes unhurt.

    Advise Wayward and OBAY Company of their liability, if any, towards Fredo. Support
    your answer with references to decided cases. [25 marks]

    3. Randy, the school’s messenger, is assigned a motorcycle to enable him to perform his
    duties. On a rainy day, Randy is on a journey to the board chairman’s office when he
    diverts to pay his daughter’s school fees at the bank. He is riding into the bank’s
    compound when he collides with and injures Martha who is rushing into the bank to get
    out of the rain. The school denies liability for Martha’s injury. Randy thinks this is unfair.

    With reference to decided cases, advise Randy as to his liability in Tort, explaining to
    him whether or not the school’s position is an acceptable one.
    Total 25 marks

    4. ABC Nursing Home is a private hospital that temporarily employs Dr Carriway to be the
    anaesthetist for emergency surgeries on weekends. Dr Carriway has his private practice.
    Mrs Gingkool, who is asthmatic and seven months pregnant, is rushed to the ABC
    Nursing Home with labour pains and has to be given emergency surgery. Dr Carriway
    does not enquire about her medical history and as a result gives her the dose of
    anaesthetic which causes her to bleed excessively during the surgery. She becomes
    paralysed as a result. Mrs Gingkool is very angry and wants to be compensated for her
    resulting disability

    With reference to TWO decided cases, advise Mrs Gingkool on whether or not she can
    succeed in an action against

    (a) Dr Carriway [10 marks]


    (b) the ABC Nursing Home. [15 marks]
    Total 25 marks

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