Jimmy works as a construction worker for ABC Building Ltd. Part of Jimmy’s role is to ensure he reports any potential safety hazards he identifies on site. Last week, Jimmy noticed that one of the electricity switches was emitting smoke. Instead of reporting the fault, Jimmy decided to report the fault after his lunch break. During that time, Sam was electrocuted as a result of using that switch. Answer the following questions: (a) Did Jimmy owe a Duty of Care to Sam? Explain and refer to law (2.5 marks), Did Jimmy breach his duty of care to Sam? Explain (2.5 marks), What would Sam have to prove in relation to his injury in order to hold Jimmy responsible for his injury in Negligence? You must refer to law. (2.5 marks), Do you think Jimmy may qualify for a defence? Explain and refer to law. (2.5 marks)
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