Posted: July 17th, 2015

case study and in depth questions

Case Study: Rajesh is a university student who works part time as a delivery driver for Yum Yum Pizzas. Rajesh is allocated shifts with strict commencement, but unspecified finish, times. He is provided with a uniform in the form of a T-shirt and cap that he is required to wear when delivering pizzas and is required to use his own vehicle to deliver the pizzas. Rajesh uses his bicycle for this purpose. Yum Yum Pizzas have provided him with special heat retaining paniers so that the pizzas will stay hot while they are being delivered. Rajesh is paid a flat fee per delivery. During the course of a delivery one evening, Rajesh makes a detour to the closest LiquorMart store in order to pick up some supplies for a party he will be attending later that evening after his shift. After picking up the alcohol, he resumes his delivery and, because he is now running late, pedals in excess of the speed limit in order to make up time. On the way he runs into and injures Prudence, a young up and coming socialite, who while intoxicated with a group of friends, runs across Rajesh’s path. The group had decided that it would be “fun” to play chicken with the traffic. Rajesh is also injured, breaking his left leg in a number of places and is unable to work or attend university for the next 2 months. Question 1 Is Rajesh entitled to any form of compensation? If so, from whom? Justify your conclusion based on your assessment of the legal position. (20 marks) Question 2 Is Prudence entitled to any form of compensation? Is so, from whom? Justify your conclusion based on your assessment of the legal position (10 marks)