Cleanglaze Ltd. won a contract to clean the windows of Nottingley’s tallest building, the Millennium Tower, and sent two of its employees Derek and Ernie to complete the job. In order to keep costs down Cleanglaze Ltd. decided not to give Derek and Ernie additional safety ropes designed to stabilize the cradle they were working in.
One morning Derek and Ernie were cleaning the windows of the Millennium Tower when a strong gust of wind rocked the cradle so violently that Derek fell 20 metres into a crowd of shoppers. Derek was physically unhurt as his fall was broken by Freda who was seriously injured and was rushed to hospital by ambulance. Evidence subsequently showed that use of the additional safety ropes would have prevented any accident.
Advise the following parties as to their remedies in tort, if any:
(a) Derek, who since the accident has suffered from anxiety attacks and recurring nightmares;
(b) Ernie, who thought that Derek had been killed by the fall and suffered an immediate heart attack;
(c) Gurjit, Freda’s boyfriend of three months, who heard the accident from around the corner and rushed to the scene where he saw Freda lying injured. As a consequence of what he saw Gurjit has suffered a recurrence of an anxiety disorder for which he had treatment two years earlier.
(d) Harriet, Freda’s mother, who was telephoned by the hospital and arrived to find that Freda had undergone emergency surgery. She was allowed to see Freda after the surgery but Freda’s condition deteriorated dramatically and she was transferred to another hospital for a further operation to remove a blood clot on her brain. Three days later Harriet was told that the operation had not been successful and Freda’s life support machine was turned off. As a result of the experience Freda is now suffering from pathological grief disorder.
MAXIMUM WORD LIMIT: 1000 WORDS
SUBMISSION DEADLINE: 12 noon, Friday 10th August 2012
Your coursework will be assessed having regard to the following criteria:
• A coherent and logically structured answer.
• Accurate analysis of factual content.
• Inclusion of binding and persuasive authorities.
• Reasoned and critical application of law to fact.
• Clearly stated conclusions.
• Proper syntax, grammar and spelling.
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