1.2 Legal Foundations (Common Law) Flashcards
What is Common Law?
Law that has evolved over time through cases and precedents
What’s is Statute Law?
Law of the land set by Regulation and Legislation.
What do we all owe under common law?
Duty of Care
Under common law what is the employees duty of care?
Not to endanger anyone by their actions or omissions
Under common law what is the employers (company) duty of care?
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
What is negligence?
Failure to exercise reasonable care
What is the case law definition of negligence?
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
Which three criteria must be met in a claim for negligence?
Duty of care was owed
Duty of care was breached
Injury or loss occurred due to breach of duty
What common law defences are there against negligence claims?
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
What is contributory negligence?
Was the injured individual responsible in any way for their accident/injury? If so damages awarded can be reduced by a certain percentage
What is Volenti non fit injura?
To one who is willing no harm is done - individual was aware of the hazards and consented anyway, if proven no damages are awarded.
What is the “no duty of care owed” defence?
Employee was not acting in the course of their employment or it was not foreseeable that the accident could occur
What is the “duty of care was not breached”?
Employer acted reasonably to prevent accident by providing training, correct equipment and supervision
What is the “no injury or damage resulted” defence? (Common law)
The injury could relate to a pre existing health condition
What is the “injury not caused by breach” defence?
Person fell downstairs due to an epileptic fit not because of lack of hand rail
What is time barred
There is a 3 year time limit in which civil proceedings must be started
What is BOSTD?
Breach of statutory duty
If a claim for negligence and BOSTD is made what is this called?
A double barrel action
In BOSTD cases who had the burden of proof?
The defendant
In a BOSTD case what must the claimant prove?
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
What is Vicarious Liability?
Employers are automatically responsible for the torts of their employees committed during the course of their employment
What are the conditions for vicarious liability?
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
