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Words: | Submitted: Wed Nov 01 2006
... defendant. He/she should have been in contemplation thoughts of the defendant. In the case of Melanie, Ian owed a duty of care. As Ian was not aware Leo had used the inferior bolts that he was told not to use Ian is still responsible because it was his ride and he did not check all safety measures before operating it. He should have checked the bolts were properly secured also if the correct bolts had been used after Leo had completed the work. He has failed to take reasonable care of Melanie's safety and as a result she is injured. In order for Ian to say Leo was liable because he had gone against his instructions he would need to prove that Leo was an independent contractor. In law if you are an independent contractor it is your responsibility (negligence contract) for work undertaken which has resulted in injury to another ...
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