Four step process to defence - law , Business Law and Ethics

Duomo Pty Ltd manufactures engineering equipment and is a leading industry supplier in Australia and New Zealand. The 'Duomo Drill Press' (Duomo) is a very popular product that has been sold and supplied throughout the region for a number of years. The Duomo is powered by an electric motor. Its popularity is based on its compact design which makes it suitable for restricted spaces. Although mainly sold to the engineering industry, the Duomo is also popular with private purchasers for use in home workshops.  

Vincent has been an employed by Duomo Pty Ltd as a production line quality controller for a number of years. Part of his duty includes component inspections prior to their use in finished machinery. One day a trolley with a number of 450w electric motors was delivered to Vincent to inspect and authorise for production use. Vincent had a very causal glance at one of the motors and signed the authorisation but couldn't be bothered inspecting the remainder. Had Vincent been more careful in his inspection he would have easily realised that some of the motors were faulty because an important cut-off switch was wired incorrectly and would potentially be hazardous if connected to power and operated. The electric motors were then installed in a number of Duomo's as they came down the production line.

Some time later, inner city resident Jules purchased a Duomo for use in his compact workshop area.  Although he read the installation instructions that clearly stated 'machine should be installed and grounded as per local & national electrical codes to prevent electric shock' Jules was lazy and simply connected the machine as best he could without engaging an electrician to undertake the installation. Some time later Jules suffered an electric shock when he attempted to use the Duomo for the first time resulting in serious injury in addition to medical and ongoing rehabilitation expenses. Jules will be unable to return to work until fully recovered. Later it was discovered that Jules's Duomo was fitted with an incorrectly wired cut-off switch although the installation in Jules's workshop was also a factor in the accident.

Posted Date: 3/7/2013 12:23:39 AM | Location : United States







Related Discussions:- Four step process to defence - law , Assignment Help, Ask Question on Four step process to defence - law , Get Answer, Expert's Help, Four step process to defence - law Discussions

Write discussion on Four step process to defence - law
Your posts are moderated
Related Questions
Judicial Control: Conversely the courts can declare any law made as subsidiary legislation to be invalid or unacceptable under the ultra vires doctrine. Thus the law may be de

QUESTION 1 (i) What are closed shop agreements and whether there are any legal remedies if such agreements do exist? (ii) Industrial relations are the relationships between

Determine the example of a relational contract A characteristic macro example of a relational contract with a strong lock-in effect is membership of a currency community. Self-

Question 1: (a) Explain what you understand by the following legal terms under the Employment Relations Act - (i) Collective bargaining (ii) Collective agreement (iii

Question 1: Mr Ben is the director of ABC Ltd. He wishes to know whether he has any responsibility under the OSHA regarding the presence of the following in his enterprise:

Question 1: Constructive dismissal is inherently different from dismissal in the sense that it is the employee who takes the initiative in considering the contract as having be

Ratio Decidendi Conversely "ratio decidendi" of a case consists of the material facts of such case and the decision made through the judge on the basis of those facts.  So hen

Determine about the Principal-agent theories Wwhich concentrate especially on the problems of asymmetric information among the parties to a contract: the impossibility to perfe

Directors Powers: Equity regards directors as holding their powers on trust for the company. They can only exercise those powers for the benefit of the company, otherwise the

Give detail explanation of Credibility problem There are indications that such credibility problem stems from a tension between the goal of encouraging innovation and investme