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hotpot incident - pbl #2, facts box, Vicarious liability - Coggle Diagram
hotpot incident - pbl #2
negligence
duty of care
2-stage test
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policy
if indeed duty of care was owed by the temp staff/homey, is there any policy consideration that could negate or limit their duty of care?
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whether the temp staff/homey owed the clients a duty of care in ensuring that the clients were well-informed about the quality of the glass table?
breach of duty
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standard of care
whether the temp staff/homey fell below the requisite standard of care in ensuring to inform the client about the amount of heat the table can withstand?
whether the temp stafff/homey satisfy the requirement of the general objective standard of a reasonable person using ordinary care and skill?
causation of damage
whether the client would not have suffered any damages to their property/physical damages if it had not been for the temp staff/homey's negligence?
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defence
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would the client suffered damaged as the result partly of their fault and partly the fault of another or others?
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damages
personal injury claim
pecuniary loss
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medical bill incurred. --> A&E, doctors visit, physio & dermatologist.
non-pecuniary losses
- Chloe (Cheong's) - Joan (D' Marko)
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loss of mobility in hand, first degree burns, scared to go near flame
suffer psychiatric injury as a result of witnessing such injury to others; these are called secondary victims ---> Joan slipped back into depression & anxiety
ACTION PLAN
- meet up on wed, 20 jul, 1130. outline on slides most likely done
- go through possible client talk questions to ask & formulate questions to ask client.
- outline will be on presentation slides
- contact client to ask whether there were bills/receipts to show proof that follow up visits were under advice and not based on their personal interest.
facts box
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situation
the Cheong's were hosting a hotpot dinner together with the Gupta's. the D'Marko and Wiilliams were together (online)
it was during pandemic 2020, strict limitations to one's home in terms of visitors.
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aftermath
- Chloe & Sara suffered deep cuts and injuries. (first degree burns) -> taken to the A&E for treatment. -> has follow up visits to doctors, dermatologists & physiotherapists for 3-5 months.
- Cheong's had to get a new dining table & chairs (few thousand dollars).
- Chloe loss mobility in her fingers -> took 6 weeks for her burns to heal enough and longer for her hands mobility.
---> loss of income (during)
- Joan was too scared to go near a flame after the incident -> weeks of medication & doctor's visits for her to be controlled ---> loss of income (now)
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