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First Principles of Business Law |
| The tort of Negligence |
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5. Breach of a duty of care |
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5.1.9. The relevance of inexperience or lack of skill |
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Read the following facts and then consider the arguments. A, a 20 year old student, is employed to work part-time as a cleaner in a factory. There is a mechanical forklift in the factory that is used to carry and stack heavy crates of merchandise. One day the driver of the forklift falls ill and has to go home. A decides that he will drive the forklift a short distance to its parking place. He is not licenced to drive the machine, nor has he had any experience of doing so. He drives the machine to the parking place, but is going too fast to stop before colliding with a stack of crates. The crates fall and injure another employee, who sues A in Negligence. Which of the following arguments is more likely to succeed? |
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