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17 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Name the sources of statute law |
Acts, regulations, approved code of practice and guidance |
ARAG |
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Describe what an Act is |
It is derived from statute law & accompanies regulations. The principle Act for H& S is the HSWA 1974 & the corporate manslaughter and corporate homicide act 2007 |
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Describe a Regulation |
It is a delegated or secondary piece of legislation derived from a principal Act such as HSWSA such as management of health and safety at work regs 1999 |
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Describe an Acop |
Approved code of practice outlines the legal standard outlined in a regulation. They do not have full legal status but can be used in evidence |
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Describe guidance |
Guidance often accompanies regulations & often sets out best practice |
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What are the employer's 5 common law duties? AS AS A |
A safe place of work with safe access to &from it Safe plant & equipment A safe system for doing the work Safe & competent workers Appropriate supervision, information, instruction & training |
There are 5 ASASA |
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Name 2 types of enforcement notices |
Improvement notice Prohibition notice |
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Name 2 types of law |
Criminal law Civil law |
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Name the 2 sources of law |
Statute law Common law |
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What are the 3 tests for negligence |
A duty of care had to be owed by the defendant to the claimant The duty must have been breached A loss must have occurred as a direct result |
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What is Statute Law |
Made by parliament in the form of acts & regulations |
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What is common law |
Made by judges through precedent that they set through their own decision making |
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What is vicarious liability |
I where the employer can be held liable for the negligent acts of his employees |
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What is torque negligence |
It's the civil legal system concerned with claims of compensation |
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Identify 6 defence claims for compensation brought under tort negligence |
1. No duty of care was owed 2. No breach of duty of care 3. No loss occurred as a direct result of the breach of duty of care 4. Volenti non fit injuries (Voluntary acceptance of the risk by the claimant) 5. Contributory negligence 6. The facts are disputed |
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Outline the circumstances that would make an employer vicariously liable for the acts of a worker |
1. The employer would be the employer if the worker 2. The worker would have to be working negligently & would have to be acting through the course of their employment |
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What is vicarious liability |
The employer can be held liable for the negligent acts of an employee |
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