CBEB 2106
BUSINESS LAW
TUTORIAL 5
LECTURER : MR. CYRIL HILARIS
GROUP MEMBERS :
CHAN YOKE KUAN CEB 140013
CHEE HUI MIN CEB140016
CATHERINE CH’NG PHEI YEUN CEB140007
CHONG CHA YIN CEB140021
CHUAH PUI LING CEB140028
CASE STUDY :
Erfan works for ABC Ltd, a small company which makes ice cream. Erfan works
in the ice cream manufacturing area of the factory and has to wear sterile
clothing and headgear. One of Erfan’s tasks is to add liquid nitrogen to the ice
cream mix. As the liquid nitrogen is at an extremely low temperature, in order to
protect his skin from the extremely cold temperature of the liquid nitrogen, Erfan
has to wear special insulated gloves, provided by the company. The gloves are
made from a special non-slip material.
In June 2011, Erfan was carrying some liquid nitrogen across the factory floor.
He had lost his special gloves and was wearing a pair of ordinary woollen gloves.
These gloves did not have any non-slip properties and when the container of
liquid nitrogen began to slip from Erfan’s hands he nearly dropped it. As a result
some liquid nitrogen spilled onto Erfan’s arm and burned it badly. Ghani was a
colleague working nearby. Some of the liquid nitrogen also splashed onto Ghani’s
lips causing a burn. Unfortunately, due to an existing predisposition to cancer, the
burn turned cancerous. Ghani died three weeks ago.
ISSUE : IS ERFAN NEGLIGENCE TOWARDS GHANI’S INJURIES?
‘Negligence’ is defined in Winfield and
Jolowicz on Tort as ‘the breach of a legal
duty to take care which results in
damages, undesired by the defendant, to
the plaintiff.’
There are few elements that must first be
established :
duty of care
breach of duty
damages.
DUTY OF CARE
Refer to the case Donoghue v Stevenson
Fact : A manufacturer of ginger beer had sold to a retailer ginger beer in an opaque
bottle. The retailer resold it to A who treated her friend to its contents. The ginger
beer bottle also...