Strength And Weakness Of The Case

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Question 2 2.0 STRENGTH AND WEAKNESS OF THE CASE. As noted in the above section, the defendant was obliged to take reasonable care for the health and safety of its employees in the workplace. In this case, the City council as the employer to the claimant owed this absolute duty to Mrs Preston. This duty is bestowed upon the employer by the employment contract (Holt, 2010) between the claimant Mrs Preston and the defendant, Fentham Metropolitan District Council. It is evident that the defendant failed to comply with statutory provisions and thus constitute a breach, and was negligent according to common law on his duty to care for his employee. In this regard, the claimant can sue for damages basing her case on the tort of negligence and breach of statutory duty (double barrel action) that resulted in injury. 2.1 Discussions For a civil claim to be successful in the court of law, the claimant must prove her case. In pursuing a claim for the tort of negligence, the following should be proven by the claimant. 2.1.1There was a duty owed to the claimant by the defendant. The contract of employment establishes the element of proximity between the two parties, and as this arises a legal obligation to the employer to ensure as far as reasonably practicable to safeguard the health and safety of their employee by the provision of a safe working place as stipulated in Section 2 of HASAWA 1974 and MHSWR 1999. The city council owed a duty to provide a safe working place to the
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