5N2091: A Case Reported Of A Scaffolder Who May Or May Not Have Breached Health: Business Law Assignment, BCFE, Ireland

Question 1

Health and Safety Act 2005

A case reported of a scaffolder who may or may not have breached health and safety legislation. The employee may have been acting irresponsibly when it comes to health and safety – and could be prosecuted – even though it did not cause an accident.

John Murray, a scaffolder working in Dublin, was taken to court after a concerned member of the public reported him for unsafe behavior, Mr Murray was captured on camera as he erected scaffolding at height. Standing on a wooden plank, Murray failed to erect edge protection required by law and although he was wearing a harness, it was not connected to the scaffolding or building.

Murray would have likely sustained fatal injuries if he had fallen from the estimated 13 to 18-meter height above the concrete deck of a car park. Members of the public could have also been seriously injured or killed had Murray fallen.

1. Do you think Mr. Murray breached health and safety legislation?

2. Under the Health and Safety Act 2005 list three general duties of the employer and three general duties of the employee.

3. Draw up a 10-point safety plan for the scaffolding company.

4. List four functions of the Health and Safety Authority.

 Company Law  

Paddy and his friend’s wishes to set up their own cabin cruiser boat hire company. He and his friends are unsure about what documents they will have to provide to set up a company and where they will go to set up a company and how much it will cost to open up a company. Also, they are unsure what meetings they might have to have throughout the year.

1. List and explain the meaning of each of the company documents required to open up a private limited company?

2. How much does it cost to open a company.

3. Where will they open the company.

4. Name and example any meetings that are required or might occur throughout the year.

Question 3

The Irish Legal System   

1. Identify the sources of Irish Law and explain the main aspects of each source.

2. Explain what is the role of the Constitution within the Irish Legal system?.

3. Explain how the Justice system is affected or controlled by the constitution. In your answer, note the article in the Constitution relevant to this question.

4. Give a detailed explanation of the structure Irish Court and the function of the personnel in court (Barrister, Solicitor, Judge, etc).

5. Reflect on how the EU law Impact in Irish Legal System.

 Question 4

Contract Law        

Adam is attending an exhibition of paintings by a trendy new artist, Sarah. Sarah, hoping to sell some, if not all of her work, she has placed labels beside the paintings with various prices. One particular painting “Summer in Shelbourne Road” has caught Adam’s eye. The label accompanying the painting is marked €1,000. Adam approaches Sarah with a view to purchasing the painting. Sarah, having just been told that the National Gallery may be interested in the painting refuses to sell it to Adam. Adam, who is quite upset by this snub, insists that he is contractually entitled to purchase the painting.

1. Advise Sarah whether she was entitled to refuse to sell the painting to Adam. In your answer, refer to any relevant cases that you have studied.

2. Poussard v Spiers [1876] and Bettini v Gye [1876] are two important legal cases in contract law. Explain both cases in detail.