"Big Builders hired a crane together with its driver Alfred from Cranes Ltd for six months for a special building project. On two occasions last week Alfred had felt light-headed when he got up. He attributed this to exhaustion as he had been kept awake most of the night by his crying baby. He did however make an appointment to see his doctor in two weeks time. Yesterday, while operating the crane, he fainted. The jib of the crane swung loose and looked as though it would strike against scaffolding. Ben, an employee of Big Builders, who contrary to safety guidelines was climbing up the outside of the scaffolding, jumped clear and was seriously injured when he fell. David, another employee of Big Builders, tried to climb up into the cab of the crane in order to help Alfred, also fell and was injured. Advise Ben and David. Contents 1. Alfred, the crane operator who fainted while operating the crane 2 Defences against Ben and David 2 Volunti 2 Contributory Negligence 2 2. Big Builders or Cranes Ltd vicariously for Alfreds negligence 2 3. Big Builders, the temporary employer for negligence in failing to provide competent staff 2 BIBLIOGRAPHY 2"

Ben

Ben jumped from the scaffolding to avoid being stricken by the crane. As a result, he fell and was seriously injured.

David

David tried to climb up into the cab of the crane to help Alfred. He fell and was injured.

Ben and David would wish to sue the following parties:-

1. Alfred, the crane operator who fainted while operating the crane

The first aspect which needs to be satisfied is that Alfred must have owed Ben and David a duty of care. It must be determined whether or not there is a relationship between Ben and Alfred and David and Alfred that falls into one of the categories of relationship that has already been recognized by the Courts as one that prima facie gives rise to a duty of care. On the facts, Alfred, Ben and David are co-workers, a relationship which falls under the traditional category. Therefore, duty of care is established.

Once a duty is imposed,…(short extract)