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3 Cards in this Set
- Front
- Back
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Difference between objectives of a criminal law & civil law system
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Criminal law- is to punish anyone who breaches the requirements of that law
Civil law- is to determine appropriate compensation to a wronged or injured party |
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Outline the 3 standard conditions that are usually required to be met to prove a case of negligence against employer
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First its necessary to show that the employer owed the injured party a duty of care
Secondly it needs to be demonstrated that the employer's duty of care towards the injured person was not fulfilled to the required law of standard Lastly, the injury, loss or harm needs to be shown to be ditect result of the employer's breach of duty of care. |
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Outline the typical actions that might be brought against an employer who has breached criminal law in relation to health and safety
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* Providing health & safety advice and guidance to the employer to help him rectify the breach. Usually in writing so it can be followed up
* Issuing legal mandates for the employer to make specified improvements to rectify the breach (improvement notice). * Issuing legal mandates demanding work in dangerous situations or with dangerous equipment are stopped until they are made safe (prohibition notice) *Taking out a prosecution against the employer with the intended result of punishment, typically as fines or orders, but may also include imprisonment |
