HI6027 Assessment Questions On Business And Corporate Law

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Question 5 (7 marks)

Consider the following factual scenario and explain if causation, as an element of a  negligence claim, is present:

Cleo Archer works as a sous chef in a restaurant. She has a medical condition called  ‘Osteogenesis Imperfecta’, which is a disease that results in fragile bones that break  easily. While cooking at work one morning, she accidentally burned her hand with hot  oil and had to go to hospital. While in hospital, she also broke her elbow. This increased the number of days she had to be confined and, consequently, her hospital bill was higher than she expected. Is her employer responsible for the broken elbow she suffered while in hospital?

(Maximum 220 words)

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