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Date Posted: 11:59:05 10/24/01 Wed
Author: gӭը: nancychow@hkpro.com.hk
Subject: gӭը: nancychow@hkpro.com.hk
In reply to: a 's message, "a" on 07:39:11 11/15/00 Wed

8.Fred a construction worker was injured at work when he fell from a ladder that had not been securely fastened by a Stupid a fellow worker. Fred cut his leg and was taken to the hospital to have the wound dressed and receive a tetanus injection.
Three weeks later Fred was admitted into hospital suffering from brain damage caused by his reaction to the tetanus injection. It is unlikely Fred will even recover sufficiently to undertake full time work again.
Fred wishes to seek compensation for his injurues from his employer.
Advice Fred with a view to bringing a common law negligence case against his employer:
a)If a duty of care arises in the above situation.(5 marks)
b)If there has been a breach of any duty of care.(5 marks)
c)If the hospital treatment would break the chain of causation with respect to any negligence claim Fred may bring against his employer?(10 marks)
d)If Fred's ultimate damage is too remote to recover for the full extent of his injuries from his employer?(5 marks)

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