Coursework Case Study Example | Topics and Well Written Essays - 1750 words - 1

Coursework - Case Study Example In this context, the employer can be prosecuted if the worker died or he or she is an illegal immigrant. An example of a case of Donoghue v Stevenson (1932) HL, Mrs. Donoghue accompanied by a friend went to Minchella’s Wellmeadow. The friend ordered ice cream and a bottle of ginger beer, when all the beer was poured, and it was found to contain a snail. Mrs. Donoghue became unwell after consuming the contaminated beer. The owner of the cafà © was held negligible of duty of care, because the neighbor was injured. The cafà © owner act affected another person that she ought to have them under observation not to be affected. Where a person is held in an institution then the organization owes the convict a relevant duty of care. It applies where the offence committed has features relating to offence in section occurred before 1 September 2011, and then the common law applies. The court will decide whether the organization owed the dead a duty of care (section 2(5) (Ormerod, Smith & Hogan, 2011). However, in order to conclude there was a breach, it must be very serious and the extent of risk to death it posed section 8(2). This shows the complexity of the legal nature to the presence of a duty of care in the law of negligence. A case of Khan, R v [1993] CA, the defendant, a drug dealer gave heroin to a 15-year-old girl. Afterward, the girl was in apparent need for medical attention but the defendant left her until the following day when she was found dead. The drug dealer was convicted for the offence of omission to ask for medical assistance and not giving heroin. The jury concluded that he owed the girl duty of care, which he breached, and constituted gross negligence and thus a criminal act. Even though the Act does not define causation, the intention follows the features of the law on gross negligence manslaughter. Therefore, the hearing will need to demonstrate that the breach was more than the