Cases for Business Law Essay

3678 Words Sep 10th, 2014 15 Pages
EMPLOYERS’ LIABILITY
An employer has a DOC to see that reasonable care is taken to ensure the safety of employees. The DOC of the employer to employee extends to the provision of competent staff, a safe place of work, safe equipment and a safe system of work.
-Metropolitan Parks v Percival
The respondent lost both legs following a fall from a flat-bed truck on which he worked. During the course of the afternoon, there was an interlude for refreshments. The respondent admitted to having had either three or four drinks of alcohol. The medical report indicated that the respondent was indeed intoxicated as a result. On his way home, the respondent fell from the back of the truck and his legs were unfortunately crushed. The major point in
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Employers must take reasonable care not to subject their employees or others to unnecessary risks. Lord Wright stated that the whole course of authority consistently recognizes a duty which rests on the employer.
-Thomas v Anand Ramnarinesingh &Anand Low Price Supermarket
Thomas was hired by Ramnarinesingh as a welder to construct a steel roof on one of his buildings. The day before, Thomas informed Ramnarinsingh that he was unable to put up the remaining steel because there were wires in the way. Ramnarinsingh indicated that he had spoken to T&TEC about the lines and they should go ahead with the work. Thomas was moving the scaffolding when he was electrocuted. He was taken to the hospital where he died. It was held that Thomas was owed a DOC by his employer, Mr. Ramnarinesingh. Ramnarinsingh breached this duty by failed to provide a safe working environment, failing to provide a safe work system and failing to take adequate care of Thomas’ safety while at work. However, Thomas was responsible for some of his injuries since he observed the danger but still proceeded to take the risk.
VICARIOUS LIABILITY
An employer will be liable for the actions or omissions of its employees, provided that it can be shown that they took place in the course of their employment. The employer will be liable for wrongful acts which are authorised by him and acts which are wrongful ways of doing something authorised by the employer, even if the acts were forbidden by

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