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First Principles of Business Law |
| The tort of Negligence |
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4. 3. Recognised duty situations or relationships |
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4.3.4. Statutory authorities |
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Read the facts below and then answer the question. A is a municipality of a small town. B is a small private contractor who uses a mechanical lift and power-saws to trim or cut down trees for customers. The municipality has statutory powers to supervise the use of safety equipment by all persons working with machinery within the municipal area. Although it knows that B is working in the municipality cutting trees, it does not attempt any supervision. B does not bother to use a safety harness and while cutting a branch from a tall tree, B slips, falls and is killed. C, B's surviving wife, argues that the municipality, as a statutory authority, owed B a duty of care. She argues that the municipality was obliged to exercise its statutory powers to ensure that proper safety equipment was used. Is C correct? |
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