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Foundation Law - Assignment Example

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Foundation Law No: Roll No: Date: University: Foundation Law Under the definition of English law, injury inflicted upon a body, mind or emotions of a person other than the property falls under the ambit of Personal Injury…
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Foundation Law Assignment
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Download file to see previous pages The compensation claimed in major cases are a) road accidents b) accidents at work place c) accidents due to ill equipped / ill planned safety and security measures d) gadget deficient to meet accident eventualities e) accidents at home f) accidents during holidays. In order to broaden the base of personal injury, we may include medical and dental injuries under the purview of personal injury. The chronic diseases found in the work force at industrial work places are termed as industrial diseases2. In case of non-responsible attitude of one party towards another party, if proved, is a ripe case to claim monetary compensation from the party at fault through the competent court of law. In western countries claim of compensation that relates to personal injury is a complex issue. Usually the solicitor charge in terms of percentage according to the volume of compensation claim at the end of the case provided it is awarded. Since the compensation under medical malpractices is rampant in the western countries, therefore it is necessary for a claimant to engage a counsel of repute to plead his or her case in a competent court of law3. In the given scenario, Matthew, who is the warehouse operator is the claimant while the defendant is the pharmaceutical company, which has to follow certain employment rules and regulations under employment law. English employment law is applicable here as it is the employer’s responsibility to handle situations related to the employees at the workplaces. The English law does not provide an indefinite period of time to the claimant of compensation under personal injury. In the English territorial jurisdiction, an individual can claim compensation within a period of three years from the date of its occurrence. Therefore, under the law in vogue, court proceedings should be commenced within the given time limit. Otherwise the claimant might lose the opportunity to seek relief from the court of competent jurisdiction. The only exception is that if a person met with an accident under the age of 18 years, he or she may have the opportunity to claim compensation before the maturity of 21 years through court proceedings. The court has the discretion to waive the time limit if convinced. Another remedy available to ignorant person is that if he or she comes to know that he or she may claim compensation of personal injury under the law. In that situation claimant may file compensation within a period of three years which starts from when he or she comes to know that they are entitled for compensation under personal injury4. The key element is determining the veracity of negligence of the coworker that caused compensation to the claimant. No doubt that the claimant has suffered in both ways a) physically and b) economically. Therefore, both losses (disability of Mathew to perform duty / inability to pay off liabilities) are to be taken into consideration while deciding the case of compensation. It was held by the competent court of law in the case of Lunney and Oliphant (2008) that law of tort merits restoration of victim to its original physical status prior to the incident. It is the court to decide the amount of compensation keeping in mind the level of damages that occurred due to incident / accident. In the case of Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd, it was held that the defendant can be liable for foreseeable consequences. Further, ...Download file to see next pagesRead More
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