Introduction
i) Facts of the case
1. Alfred was an employee of Crane Ltd
2. Crane Ltd had hired a crane (the crane) together with its Driver for 6 months to Big Builders for a special building project
3. Ben and David were employees of Big Builders
4. While Alfred was operating the crane he fainted and the jib of the crane swung loose and moved towards the scaffolding
5. Ben who was on the scaffolding jumped clear and was seriously injured when he fell
6. David tried to climb up the cab of the crane also fell and was injured
ii) Summary
Ben and David are the injured parties and will have a possible cause of action against Alfred, Cranes Ltd and/or Big Builders.
iii) Cause of Action (possible legal grounds for Ben and David to sue)
a) Negligence
b) Vicarious Liability
c) Employers Liability…(short extract)