Negligence and Contract Breach at Kids Playhouse Ltd: Legal Analysis Case Study

Negligence and Contract Breach at Kids Playhouse Ltd: Legal Analysis

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Introduction: Negligence and Contract Breach at Kids Playhouse Ltd: Legal Analysis

English Law has been considered a famous constitution that has written documents that can be made integrations and developments through the generations of timing and merchants by the Mansfield of breaching about the legislations of negligence. It is based on common law systems and uses multiple categories. It also reflects on the influences of accurate invaders related to Northern England and the Norse. There are different types of case laws provided in the below context as per the case study. The benefits of implementing those are also stated below. This case scenario represents the English contract law that is used by the country to give justice to the victim. Mr and Mrs Franklin are the owners of Kids Playhouse Ltd. This family established their playhouse in August 2022. Michael and Sarah work in the playhouse on a part-time basis and earn some money. On November 26, Zack had fallen through the section that was damaged in the play's house. The owner of the playhouse cannot renovate the damage, Zack becomes injured, and his leg was broken. On 21 January peter, who is the physiotherapist also insured due to the damaged building and filed a complaint against Mr and Mrs Franklin. These two complaints can file against the owner and there are several laws and act used against them. His study evaluated those laws and regulations that are used by the UK government

The legal positions of Kids Playhouse LTD with regard to Zack's and Mr Peter's injury

Mr Peter's injury

Peters is an employee of Kids playhouse Ltd who was injured by falling into the building, which has affected Peters' health. Peter has considered a resident and made an appointment to stumble out of the broken fences. It can be fallen into the public way through organizations (Murphy and Burton, 2020). Mr Peter also this law as he brought his portion damaged by the damaged fence of the playhouse that was not renovated earlier. Mr Peter had painful damage from damaging their legs and arriving in contact with the trampoline and wall of the playhouse. Mr Peter and Zack have permitted requests to point a case against the property owners that is Mr and Mrs Franklin underneath this law and can declare compensation for their treatment (Graz and Murrell, 2022). They are argueding eh payment for a major inquiry testament from the playhouse kid ltd organization. They have very no more money for their proper treatment so it has been dead to their organization. People support peter's argued for where they get the money for their treatment. They are following all English law guideline where it has the right to raise their claim to the government authority for their compensation. English law gives the right to the people or removes if anything roughs the organization on their employees of issues.

Mr Zack injury

Zack is the staff of the playhouse kid Ltd where in day they are falling where they have danger their leg. Zack had fallen through the section that was damaged in the play's house Zack becomes injured, and his leg was broken. On 21 January peter, who is the physiotherapist also guaranteed due to the vandalized building and pointed criticism against Mr and Mrs Franklin. Zack's mother (Sayogie and Sephardic, 2019). They are clime under English law that could give the right to argued money for their treatment to the organization. Sack’s injuries are not more effective for the organization's economy. However, the carelessness of the owner has brought this accident into reality.

After considering the bad incidents throughout these organisations, it can be making a negative range of effects on the organisational welfare as the organisations have been denying to pay the compensation of Zack's mother. It has a little bit of injury in their leg so the organization gives funds for their treatment easily (El Ghazi and Binna, 2019). The communities have also endangered it as she has not lived physically marked about this contract and Mr Franklin has been argued via the managing of the kids (Rotary, 2019). Mr Sack is already suffering from the pain of his broken leg bone. Zack is one of the most honest employees in the playhouse that is working properly and maintaining their work properly. They play an important role in managing the playhouse kid ltd organization. 

After that, she also discussed the parents of various of Tommy's friends as well as they have been decided through a greater selection with the entry fees of €2 per individual Nicky have been created a booking through the 3 adults as well as the 5 children. In the year 2022, 26th of November the children have been left to jump around the trampoline area at the time of adults enjoying a coffee after that Tommy's friends Zack have been fallen around the trampoline and broke his legs [Refer to Case Study].

Zack's mom has also been threatened by the organisations as she has not been physically signed about this contract and Mr Franklin has been argued through the supervising of the children. In the year 2023, 21st of January Mr and Mrs Franklin have been receiving compliant forms and Mr Peter has considered a resident and made an appointment to stumbled out the broken fences. It can be fallen onto the public ways through organisations. He has missed the appointments that he has been sending to and broke his legs by threatening the organisations of his injuries with disclosed the appointment fees of around €350 [Refer to Case Study]. However, the MR. Franklin has also been instructed to Michael for considered some requirements for the year 2022 by 1st November and including the trampoline as well as the fences has been surrounded the premises. In this regard,

Michael has been making a report that the entire requirements can be completed within the 15th of November. Besides that, Mr Franklin has blamed Michael for not to fulfilled his responsibilities and that can be making an independent contractor by reducing the injuries and have not been doing with him. Therefore, analysing the case studies it can be stated that there has been a "Breach of Contract" overviewed between organisations that can be enhancing the ultimate rates of disruptions by making a contract with paid in case of breach and making a container of the stipulations through ways of party of complaining breach or penalty and others (Lexology.com, 2018).

The "Remedies of Breach of Contract" has been effectively divided into multiple kinds of attributes related to monetary compensation, containing accurate contracts, and terminations of the contracts can be effectively analysed. Therefore, it can be suggested that the "Compensation Damages" as well as making a consultation with the "Contract Law Attorney through the Case" can be also treated as the main attributes that can be claimed by Zack's injury. Thus, the organisations have been responsible for the injury and the mentioned regulations cannot be followed, as the trampolines have not been maintained properly throughout the organisations (Alwazna, 2019). Both the injured persons can file case laws against the owners. Some of the case laws are stated below. This sudden accident can occur at any time and the major reason is unsystematic maintenance of the property. Many advisers can be consulted to pursue the claim for the accident. After the entire process of inspection, the law will provide its decision to the victim and the innocent will get their judgment. There are several scenarios, which reflect unrepaired equipment in the kid's playhouse. Installing the rides in incorrect ways, leaving a sharp tool on the seats many other circumstances can appear in an accident. There are two designations of damages mostly found in the kid play school or park saviour damages, and general injuries.

Act of Occupier's Liability (1957, Revised 1984) and “Consumer Protection Act (1987)

On November 26 the court evaluated the “Act of Occupier's Liability (1957, Revised 1984)” and “Consumer Protection Act (1987)" in this area in “Mr and Mrs Franklin v. Zack”. Although an agreement was not attained, the majority of the Court considered the key point to be Zack and his parents can claim compensation under this law for his treatment. Similarly, in the case of Mr Peter also this law fulfils as he got his leg broken by the broken fence of the playhouse that was not renovated earlier. Under the occupier's liability act (1957, revised 1984), the persons can expect to be reasonably safe while using the playground and its equipment. This law provides special care for children (Dua and Turner, 2019). Aligning this act with the case study it can be concluded that the owners have strictly mentioned that they will not take any responsibility for the damage caused to any one of them. This contract holds only if there is no fault found in the equipment and the damage was caused due to the act of the persons visited there. However, the depicts that it was the fault of the trampoline which has broken the leg He can also claim compensation under this law for his treatment due to the contract made by the owners where they have stated that they are not responsible for any type of injuries or damage caused to any person. Overall, it can be said that both the injured persons can file a case against Mr and Mrs Franklin for not fulfilling the measures mentioned in the laws. This is clearly mentioned in the lawsuit under independent contractor section 2(4)(b). The maintenance committee of the organisation can make the claim, as they have not looked after the faults of the equipment used in the play areas. As opined by Atmoko, (2022), this can be done under the consumer protection act 1987.

Act of Unfair Contract Terms (1977)

This law regulates the contracts by limiting the extent to which one can avoid liabilities by the use of exclusion clauses (Leupold, 2019). Coining this statement with the case study it can be said that the owners of Kids Playhouse LTD that are Mr and Mrs Franklin have formulated a contract which states that they will not be responsible for the injuries or harm that have been caused to the visitors. This contract can become a curse for their lives, as they have not maintained the health and safety measures when they are running the organisation, especially for children. As stated in the case study that the trampoline and the fence are not renovated before the arrival of the guests. As a result of which the child Zack and Mr Peter had severe injuries by breaking their legs coming in contact with the trampoline and fence of the playhouse. Both the injured persons can file a case against the owners as they neglected the safety measures that are needed to be taken into consideration. 

Act of Health and Safety at Work etc (1974)

This law is major legislation including the playgrounds which states that there is a duty under sections 3 and 4 to ensure the health and safety of the people (Rosemberg, 2020). Coiningit with the case study it can be stated that the organisation has overlooked the relevant standards or guidance provided by the health and safety executive as a result of which there are two different incidents took place within a short time frame. On 1 January 2023, The Act of Health and Safety at Work act was enacted by “Mr and Mrs Franklin v. Zack and Peter”. Mr Peter and Zack have legal rights to file a case against the owners that is Mr and Mrs Franklin under this law and can claim compensation for their treatment (Lam et al. 2021). Furthermore, legal actions can be taken against the owners where they might lose their organization, as the government will seal the organization. The damages impact the psychologically, or the victims suffer from losing some or the other amenities that come under general damages. The saviour damages consist of loss of income or property or loss of future income. An example of this case is Bourne Leisure v Marsden [2009] EWCA CIV671, which was falling to the act of Occupiers Liability Act 1957 (Dembour et al. 2020). There is much more incident that has taken place in a life of a child and the case name is the Holker Estate Co limited v Hall [2008] (Mansergh, 2019). As this case is not that old compared to today's time but still it is high time to secure the life of the children.

Determinations of Michael’s employment status

On 1 November, "Breach of Contract” Mr and Mrs Franklin V. Michael were entitled. Mr Franklin has been blaming Michael for not fulfilling his responsibilities, which can be made bad, results and creates injuries (Dembour et al. 2020). Michaels has also confessed that he has an independences contractor as well as the injuries have not been anything to do with him. Based on the case study it can be easily interpreted that Sarah and Michael have been working in the Kids Playhouse Ltd based on a part-time basis with paid salaries Some of the cases that have been conducted to protect the employees of the accident place were the usage of [Health and Safety at Work etc. Act 1974 is been implemented as in this particular case Micheal can implement it for protecting himself. The entire case study is pursuing to identify the victim in the scene. This is quite challenging for this dedicated case, as there is the involvement of the children is there and Zack already suffering from the pain of a broken leg bone. The institute has to be more cautious about people's safety, as every parent takes their children by thinking about their safety and happiness. [Refer to case study]. Therefore, the owner of the organisation Mr Franklin has been giving instructions to Michael for doing some requirements between the 1st November 2022 of trampolines as the playing instruments have not been maintained properly. Thus, Therefore, it can be analysed that there has been also overviewed a "Breach of Employment Contract" that can be binding the agreements between the workers and the individuals and that can be making a negative impact (Nidirect.gov.uk, 2023). Besides that, multiple consequences have been followed through the "Breach of Contract" by making a warranty. It has been creating a limit with the innocent party, claiming damages, and determining the chances of the damage by losses effectively. Therefore, the proportion of "Contract Law" has been legally binding about the agreements with two or greater than two parties through the "Provisions of or Ownership or Services or Interest" (Prospects.ac.uk, 2022).

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Conclusion

Throughout the above-mentioned analysis, it can be considered that the discussions have been creating a specific concept of the legislation of the "English Law Systems". In this case, based on the case study providing reliable information and analysed of the legislation through employment laws, contract laws, and Breach of Contracts the discussions have been effectively going on. In addition, the "Remedies of Breach of Contract" have also been effectively analysed by making specific interpretations that can be based on the above-depicted studies discussions. This case scenario represents the English contract law that is used by the country to give justice to the victim. Mr and Mrs Franklin are the owners of Kids playhouse ltd. The case laws are also discussed above which might be helpful for the victims to file a case against the owners of the organization.

References

Journals

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Atmoko, D., 2022. ENDORSEMENT AGREEMENTS ON INSTAGRAM SOCIAL MEDIA RELATED TO ARTICLE 7 OF LAW NUMBER 8 OF 1999 CONCERNING CONSUMER PROTECTION. Journal Indonesia Law and Policy Review, 3(3), pp.116-122. https://doi.org/10.56371/jirpl.v3i3.90

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