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Duty owned - gen negligence
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Fitzgerald v Lane &Patel
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Novus actus - third parties
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Knightley v Johns
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Novus actus - claimant
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McKew v Holland
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Eggshell skull
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Smith v Leech Brain
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Reasonable competent employer
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Latimer v AEC
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Specific duty of employer - CAP: Competent fellow employees, Adequate equipment, Proper and safe system of work
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Wilson & Clyde Coal v English
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Not only to provide but ensure its worn so far as its possible + contrib -40%
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Bux v Slough Metals
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Personal duty to employee
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Smith v Baker
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“A duty not to subject an employee to any risk which the employer can reasonably foresee and which he can guard against by any measure, the convenience and expense of which are not entirely disproportionate to the risk involved
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Harris v Brights Asphalt Contractors [1953]
standard of care |
Competent staff
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Hudson v Ridge Manufacturing
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Adequate equipment
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Employer’s Liability (Defective Equipment) Act 1969
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Adequate supervision, special instructions, warnings & notices, sequence of job
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Speed v Thomas Swift
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An employer must take into account that workmen may have disregard for their own safety
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General Cleaning Contractors v Christmas
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Regard must be had to their knowledge of the physical defects of a particular workman
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Paris v Stepney BC
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Protective cream was provided. But the foreman made known to workmen his dislike for the cream and encouraged slackness regarding its use.
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Clifford v Charles H Challen
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