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16 Cards in this Set
- Front
- Back
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Employers' Liability (Compulsory Insurance) Act 1969 |
Requires employers to take out insurance against claims by employees |
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Wilsons & Clyde Coal Co Ltd v English |
Employers must take reasonable steps to provide: 1) Competent staff 2) Adequate material 3) A proper system of work and supervision |
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Latimer v AEC Ltd |
Employers have a duty to take reasonable steps to provide a safe place of work |
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Woodland v Essex |
A local education authority owes a non-delegable duty of care to a pupil of a school for which it is responsible |
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Hudson v Ridge Manufacturing Co Ltd |
The duty to provide competent staff doesn't arise merely from the fact that a worker is incompetent, arises where an employer knows/ought to know about the risk a particular worker is posing to fellow workers |
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Waters v Commissioner of Police for the Metropolis |
The risk being posed by the worker could be of psychological as was physical harm |
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Employer's Liability (Defective Equipment) Act 1969 |
Employee doesn't need to identify manufacturer of defective equipment supplied by employer, can sue employer directly. Only needs to establish: 1) Fault on the part of someone 2) Causation |
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General Cleaning Contractors v Christmas |
Duty to provide a safe system of work applies regardless of where the employees are at work, ie applies to where they are sent also |
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Walker v Northumberland County Council |
Duty to provide a safe system of work can extend to an employee who has suffered stress as a result of his work |
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Hatton v Sutherland |
'Threshold question' to determine whether duty arises was whether injury to health through stress at work was reasonably foreseeable. 1) Question nature and extent of work 2) Signs from the employee |
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Paris v Stepney Borough Council |
To be in breach of duty, the risk must be known to the defendant |
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Caswell v Powell Duffryn Associated Collieries |
(Re employee contributory negligence) The care to be expected of the claimant in the circumstances will vary with the circumstances. |
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Ready Mixed Concrete (South East) Ltd v Minister of Pensions and National Insurance |
An employment contract would exist if the following were satisfied: 1) Agreement of exchange of wage/remuneration in exchange for provision of services 2) Employers agree to be under control of another person to sufficient degree to make that person an employer 3) The other provisions of the contract are consistent with its being a contract of service |
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Lister and others v Hesley Hall Ltd |
An employer can be vicariously liable for an intentional wrongful act committed purely for an employee's benefit where there is a sufficient connection between the work he had been employed to do and the acts in question |
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Joel v Morison |
If an employee is acting outside his course of employment when he commits a tort, he is often said to be 'on a frolic of his own' |
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Lister v Romford Ice & Cold Storage Co Ltd |
Employer has a right at common law to claim an indemnity (ie its full loss) from the employee who actually committed the tort |
