1.2 Legal Foundations (Common Law)

Question 0

What is Common Law?

Answer 0

Law that has evolved over time through cases and precedents

Question 1

What’s is Statute Law?

Answer 1

Law of the land set by Regulation and Legislation.

Question 2

What do we all owe under common law?

Answer 2

Duty of Care

Question 3

Under common law what is the employees duty of care?

Answer 3

Not to endanger anyone by their actions or omissions

Question 4

Under common law what is the employers (company) duty of care?

Answer 4

Competent employees

Safe plant and equipment

A safe place of work

Safe systems of work

Adequate instruction and training

Adequate supervision

A safe working environment

Safe access and egress

Question 5

What is negligence?

Answer 5

Failure to exercise reasonable care

Question 6

What is the case law definition of negligence?

Answer 6

Omission to do something which a reasonable man, guided upon those considerations which regulate human affairs would do, or something a prudent and reasonable man would not do

Question 7

Which three criteria must be met in a claim for negligence?

Answer 7

Duty of care was owed

Duty of care was breached

Injury or loss occurred due to breach of duty

Question 8

What common law defences are there against negligence claims?

Answer 8

Contributory negligence

Volenti non fit injura

No duty of care was owed

Duty of care was not breached

No injury or damage resulted

Injury not caused by the breach

Act of god or nature

Time barred

Question 9

What is contributory negligence?

Answer 9

Was the injured individual responsible in any way for their accident/injury? If so damages awarded can be reduced by a certain percentage

Question 10

What is Volenti non fit injura?

Answer 10

To one who is willing no harm is done - individual was aware of the hazards and consented anyway, if proven no damages are awarded.

Question 11

What is the “no duty of care owed” defence?

Answer 11

Employee was not acting in the course of their employment or it was not foreseeable that the accident could occur

Question 12

What is the “duty of care was not breached”?

Answer 12

Employer acted reasonably to prevent accident by providing training, correct equipment and supervision

Question 13

What is the “no injury or damage resulted” defence? (Common law)

Answer 13

The injury could relate to a pre existing health condition

Question 14

What is the “injury not caused by breach” defence?

Answer 14

Person fell downstairs due to an epileptic fit not because of lack of hand rail

Question 15

What is time barred

Answer 15

There is a 3 year time limit in which civil proceedings must be started

Question 16

What is BOSTD?

Answer 16

Breach of statutory duty

Question 17

If a claim for negligence and BOSTD is made what is this called?

Answer 17

A double barrel action

Question 18

In BOSTD cases who had the burden of proof?

Answer 18

The defendant

Question 19

In a BOSTD case what must the claimant prove?

Answer 19

The statute intended civil liability

The statutory duty was owed to the claimant

The statute imposed a duty on the defendant

The defendant was in breach of duty

The damage involved was the type contemplated by the statute

Question 20

What is Vicarious Liability?

Answer 20

Employers are automatically responsible for the torts of their employees committed during the course of their employment

Question 21

What are the conditions for vicarious liability?

Answer 21

Injury/damage must arise from an act committed during employment

Individual themselves could also be sued

Employee must of been carrying out the duties of their job when the breach occurred