Employers Liability

Examination 2011 law of tort BPP

23 cards   |   Total Attempts: 188
  

Cards In This Set

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