Business and Industrial Laws Case Scnerio Based Assessment
Case scenario 1
For Kens 10th birthday party his parents hired out a trampolining park, Jump In, to celebrate. Ken invited his two friends Malcolm and Robin who were both 10 years old too. Two employees were ill on the morning of the birthday party and rather than securing more members of staff, the trampolines went unsupervised.
Whilst enjoying bouncing on the trampolines, Malcolm decided to do double somersaults (a dangerous somersault) in the air and not realising Ken had jumped on to his trampoline Malcolm fell on top of him, causing Ken damage to his spine.
Through an agency Edward was hired to assist with safety checks on the trampolines. Edward was told where to work and had set working hours, being 9-3pm 2 days per week. Edward had his own van to carry trampoline parts to and from Jump In. Edward did not have to wear a uniform, but was paid by the agency, who did not deduct tax or national insurance.
Edward carried out his daily inspections of the trampolines but was distracted by a colleague when inspecting the last trampoline. The trampoline collapsed when Robin started to jump on it. Robin broke his wrist as a result.
1. Explain the standard of care owed to Ken by:
(a) Malcolm
(b) Jump In
(45 marks)
2. Explain whether Robin may bring a claim in negligence against:
(a) Edward
(b) Jump In
(c) The agency
(55 marks)
Case scenario 2
Ahmed decided to go to an amusement arcade with his friends Bev and Cate to play air hockey for his 14th birthday. Both Bev and Cate are both 14 years old too. Air hockey was one of the unpopular attractions and various financial cuts had recently been made. The hockey puck and hockey handles were provided at the amusement counter, in exchange for a small deposit but there was no supervision around the attraction itself.
Sometime into the first game of air hockey, Cate suggested that they all should take turns to see who could hit the hockey puck the hardest. On Bevs turn, she hit the puck straight at a wall. The puck rebounded off the wall and struck Ahmed in the eye, causing damage to his sight.
Dave, had recently signed up with an agency which specialised in supplying casual labour for short- term contracts. Through the agency, Dave was hired to assist with safety checks at the amusement park. Dave had no set working hours, but would instead be telephone before 9am on any day that amusement park needed him. While working there, Dave wore the amusement parks uniform, but was paid by the agency, who did not deduct tax or national insurance.
On this particular day, Dave had been told by the amusement parks management to check all moving parts on the rollercoaster once every two hours. Dave failed to carry out two consecutive inspections and, due to Daves negligence, a loose bolt flew off during the operation of the rollercoaster and struck Fred, a visitor to the amusement park. Fred suffered a personal injury as a result.
