Legal Aspects of Business - Management Assignment Help

Assignment Task

PRESENTATION TASK
You have recently been employed as an officer within the Legal Department of a medium-sized  construction company, East India Construction Ltd (EIC Ltd). The company undertakes a large  number of building projects in England and Wales. It recruits site personnel in a variety of ways.  Some are employed directly by EIC Ltd. Others are recruited on ‘zero-hours’ contracts (this means  that there is no guarantee of work, and staff are only paid for work they actually do). Two incidents have occurred within the organisation during the past week. In the first a driver, retained under a ‘zero-hours’ contract by EIC Ltd, was delivering building materials to a construction site using a truck-mounted crane. The driver parked the truck on the pavement at the side of the road but he failed to prevent pedestrians from temporarily using the pavement and did not check for their presence whilst operating the crane. As a result, a palette of building materials swung into a pedestrian’s path causing her to suffer severe head injuries. The second incident involved a Site Manager, an employee of EIC Ltd, who punched a local resident in the face breaking his nose during a heated argument. The local resident had come to complain about the noise and bad language being used by some of the construction workers on-site.
The Board of Directors have called you to a board meeting. 
1. Whether EIC Ltd will be vicariously liable (a) to the pedestrian for her injuries resulting from  the negligence of the truck-mounted crane driver/operator (b) to the local resident for his  injuries following the battery inflicted by the Site Manager. 
2. What steps EIC Ltd might take to reduce its exposure in relation to vicarious liability claims in  the future.

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