Nick Case Study - Hypothetical Scenario - Legal Principles - Law Assessment Answer

Nick Case Study Hypothetical Scenario Law Assessment Answer

Assessment Task:

Scenario
Nick worked as an engineer in a large factory in Melbourne’s outer suburbs.  Nick is happily married to Katie and they have three young children. Part of Nick’s job was to make sure the conveyor belts operated efficiently and to carry out any maintenance on the conveyor belts that was necessary. Late one afternoon the conveyor belt on machine three became stuck and stopped working. One of the machine operators contacted maintenance requesting that Nick come to the factory floor to inspect the machine and attempt to get it working again. Nick arrives on the factory floor and commences inspecting the machine. Sensing that one of the rollers that drives the
conveyor belt has jammed Nick reaches under the machine and attempts to force the roller to move. During this process, Nick’s arm gets stuck between the top of the roller and the belt itself.

At this point the machine begins to function and Nicks arm is wrenched from its socket.  Nick is rushed to hospital and is being prepared for surgery.
Nick’s employer contacts Katie and informs her of Nick’s accident. Katie rushes to the hospital, where she is told that Nick will have to have his arm amputated. Katie is allowed to briefly see Nick before the surgery.

Due to the severity of Nick’s injuries, Katie suffers a nervous breakdown. Katie is subsequently diagnosed with a recognised psychiatric illness. Katie seeks your advice on what action she can bring for mental harm against Nick’s employer, ‘Risky Business’. In preparing your advice you are to use relevant sections from the Wrongs Act 1958 (Vic) and appropriate case law. Your advice is to ignore any claims that Nick may have as a result of his injury.

Instructions
1. Read the hypothetical scenario.
2. Use relevant cases and legislation to support your answer.
3. Your answer should use citations and be formatted in accordance with the AGLC.
4. Footnotes do not count towards overall word count.

Assessment criteria
1. Demonstrated understanding of relevant legal principles.
2. Use of relevant case law and legislation to support conclusions.
3. Articulation of clear conclusions and advice as required by each question.
4. General quality and clarity of written communication.

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