Hypothetical Scenario Mr

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Hypothetical Scenario

Mr. Hoffman suffered from a chronic illness that required frequent medical supervision and treatment. He hired Mr. Mendoza, a licensed nurse, to provide this supervision and treatment at Mr. Hoffman's home. Mr. Mendoza often helped Mr. Hoffman out with non-nursing tasks as well, like housecleaning and errands, because he felt a sense of compassion for the ailing man. One day, Mr. Hoffman asked Mr. Mendoza to use Mr. Hoffman's car to pick up his dog from the veterinarian. Mr. Hoffman neglected to tell Mr. Mendoza that the brakes on the car were broken. Mr. Mendoza drove the car to retrieve Mr. Hoffman's dog, but he crashed and was badly injured when the brakes failed.

Mr. Mendoza wants to sue Mr. Hoffman for negligence. Mr. Hoffman claims that he is immune to the lawsuit (in accordance with LEGO s.6(g)), because 'Mr. Mendoza is my nurse!'  

 

Question: Is Mr. Hoffman correct about his interpretation of the LEGO? Discuss.  Apply the literal rule, golden rule, mischief rule and purposive approach to statutory interpretation.

 

Please refer to LEGO s.6(g) below

(g) If a worker or worker's estate is eligible for payment from the Worker Compensation Fund, the worker's employer shall be immune from any civil claims by the worker or the worker's estate in relation to the injury or death.

 

Below is the full Ordinance of LEGO for your reference:

Labour and Economic Growth Ordinance (LEGO) (cap. 40)

s.6 Compensation for worker injury or death

(a) An employer shall pay a tax for each of its workers to fund the Worker Compensation Fund.

(e) A worker or worker's estate shall have the right to payment from the Worker Compensation Fund to cover the costs of the worker's injury or death in the course of employment without having to prove negligence or any other fault on behalf of the

employer in relation to the injury or death.

(g) If a worker or worker's estate is eligible for payment from the Worker Compensation Fund, the worker's employer shall be immune from any civil claims by the worker or the worker's estate in relation to the injury or death.

 

[Subsection (h) explains the compensation available from the Worker Compensation Fund for an injury or death. The Fund's compensation is more limited than the damages available from a successful civil (e.g., contract or tort) claim.]