新西兰大学论文代写：作业

新西兰大学论文代写：作业

然而生活的现实主义将必须被考虑。一个人不能独自做任何事(卡马森郡郡议会v·刘易斯)。因此,Benn先生不注意,安迪是谁坐在替补席上不稳定的边缘在实验室里,他管教孩子的房间被错误没有过失。然而,不稳定的长椅上每周使用实验室相当明显。这里的失败来取代一个不稳定的长椅上可能被视为违反了注意义务。测试是否通过不取代板凳上学校未能提供一个合理的医护标准。然而,这是言之成理的板凳上的更换是否会阻止安迪的伤害他的活动。这可能是由法院考虑部分补偿法案2006。

安迪Benn先生管理急救。然而,他把一些玻璃从安迪的胳膊让他的一个伤害更糟。这需要考虑一个合理的人是否会这样做,如果他/她是没有专业的急救知识的大小应该考虑风险特别是当另一个人已经受伤。Benn先生应该等待或要求救护车的援助如果协助过程超出了他的能力。但Benn先生的行为,安迪的伤害不会那么糟糕(仙童v Glenhaven葬礼服务)。因此,Benn先生在这种情况下他违反了注意义务。

新西兰大学论文代写：作业

The realism of life will however have to be taken into account. A person cannot do everything by himself (Carmarthenshire County Council v Lewis). Therefore, Mr Benn who did not notice that Andy was sitting on the edge of the unstable bench in the lab while he was out the room disciplining a child who had been misbehaving was not negligent. However, the unstable bench in a weekly used lab is reasonably noticeable. Here the failure to replace an unstable bench may be seen as a breach of the duty of care. The test is whether by not replacing the bench the school failed to provide a reasonable standard of care. However, it is arguable whether the replacement of the bench would have prevented Andy’s injuries from his incidental activities. This may be taken into consideration by the court under section 1 of the Compensation Act 2006.

Mr Benn administered first aid to Andy. However, his pulling some glass from Andy’s arm made one of his injuries much worse. This needs to be taken into account whether a reasonable person would do so if he/she is without professional first aid knowledge as the magnitude of the risk should be considered especially when another person has already been injured. Mr Benn should wait or ask for the assistance of the ambulance if the aiding process is beyond his ability. But for Mr Benn’s conduct, Andy’s injury would not be as bad (Fairchild v Glenhaven Funeral Services). Therefore, Mr Benn has breached his duty of care in this situation.