The Law of Reparation and Evidence- coursework

| February 14, 2014

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Sally is a mechanical engineer and works as an employee for Insider Engineering Ltd. She often works in the offices of client companies. Currently she is working in the offices of client company QuickEng Ltd.
Sally is working at the QuickEng offices building works are ongoing as the building is renovated. Workmen are around the office areas, installing a new air conditioning system and new lighting. Staff are often moved to alternative desks to allow the workmen access to the various areas of the building as and when required. Posters have been put up around the office warning users that building works are underway. Equipment such as ladders, wires and tools are moved around the building as the workmen go about their tasks.
Arriving at work one morning, Sally approaches her allocated desk, but as she does so she is distracted by one of her colleagues who wishes to talk to her about a work issue. Sally does not notice a workman, Brian, who is up a ladder and she walks backwards into the ladder. This causes the ladder to fall and Brian to fall off the ladder and land on Sally.
Brian was working on lighting at the time and knocking the ladder caused his tools to slip and short circuit the lighting system for the building. The office manager, Simon, has no choice but to send his entire staff home for the day as it is midwinter and there is insufficient day light in the office to allow his staff to work at their desks. Some staff are able to work from home remotely, but not all.
Sally was badly hurt by the accident and was taken to hospital by ambulance. She suffered a broken arm and pelvis. Sally required surgery to fix her pelvis and she suffered a great deal of pain. She was unable to return to work for eighteen months.
Brian was also hurt; he suffered concussion and a large cut on his head which required stitches, leaving him with a nasty scar across his forehead.
You are required to:
Advise Sally, Brian, Insider Engineering Ltd. and QuickEng Ltd. on what delictual claim(s) they may have and against whom. Your answer should advise the parties on what evidence they should or could lead to substantiate their claim(s) and the weight that it may have. Your answer should discuss how successful the arguments which could be advanced in favour or against the claim are likely to be, including any counter claim(s) or defence(s) which may be led. You should provide rationale for your answer which should include applicable law, referring to any relevant case law and or legislative provisions. This is for Masters level and I would like to have a grade of at least 70%.
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