Shortly after his high-school graduation, Sweyn agreed to help his older sister, Svetlana, and her husband construct

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Shortly after his high-school graduation, Sweyn agreed to help his older sister, Svetlana, and her husband construct their home. The first day, Sweyn wore tennis shoes instead of proper boots. Although the issue was raised by another person who was on the construction crew, nothing was done about it. Since Sweyn had been driven to the construction site by Svetlana, he had no way to acquire adequate footwear, and his sister did not offer to drive him home. In fact, she and the rest of the crew seemed eager to commence work immediately. After walking through wet cement for several hours, Sweyn’s feet began to turn yellow. Everyone knew that this was likely happening, but no one told Sweyn to stop working. Svetlana’s husband said that Sweyn could continue working and would be fine as long as he washed his feet off, which he did. However, Sweyn suffered severe burns to his feet. He was on crutches for several weeks and has had trouble walking ever since. Sweyn has sued Svetlana. He contends that, during the construction project, he was effectively her employee, and therefore she had breached her duty of care as an employer when she brought Sweyn onto the work site without providing him with proper work boots. Do you think that the minimal standards set out by occupational health and safety legislation apply in this case? Explain your position. What kind of evidence would Svetlana need to prove to invoke a defence of due diligence?

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Managing the Law The Legal Aspects of Doing Business

ISBN: 978-0132164429

4th edition

Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer

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