06. Understanding the Manager’s Responsibilities (law) Flashcards
Someone may be sued for negligence if their careless conduct has injured another. To successfully sue the claimant (injured party) must show that:
- The defendant owed the claimant a duty of care;
- The duty of care was breached;
- The breach caused the injury or loss.
What is being described below…
a duty to take reasonable care to avoid causing reasonably foreseeable harm to persons who might reasonably be expected to be affected by the duty holder’s actions.
The ‘duty of care’.
What is being described below…
claimants own carelessness, or disregard for personal safety, contributes to the injury or loss
Contributory Negligence
What is being described below…
legal liability imposed on one person making them liable for torts committed by another.
Vicarious Liability
What is being described below…
actual and/or probable loss of future earnings, to be incurred after the case
General damages
What is being described below…
quantifiable losses incurred before the case, mainly loss of earnings and medical expenses.
Special damages
What section of the Health and Safety at Work Act is being described below:
Employers duties to people other than their employees
Section 3
What section of the Health and Safety at Work Act is being described below:
Take reasonable care of themselves and their coworkers
Cooperate with the employer.
Section 7
What section of the Health and Safety at Work Act is being described below:
Where a company commits an offence as a result of the consent, connivance or neglect of a director or senior manager the individual can be prosecuted as well as or instead of the company.
Section 37
What section of the Health and Safety at Work Act is being described below:
fault of another person Where an individual commits an offence because of the fault of another (by act or default) the other person may be prosecuted.
Section 36
The three levels of legal duty are…
Absolute
Practicable
Reasonably practicable
Absolute duties (describe)
Usually preceded by the word ‘shall’ an absolute duty must be complied with.
Practicable (describe)
Practicable means feasible in the light of current knowledge and invention, i.e. if it can be done it must be done.
What is being described below:
degree of risk (likelihood x severity) of a particular activity or environment to be balanced against the costs (time, trouble and physical difficulty) of taking measures to avoid the risk.
Reasonably practicable
Enforcement Action Inspectors have a range of enforcement options and tools available including:
Informal advice
Improvement Notice
Prohibition Notice
Prosecution.
