Absolute & Qualified Duties

Question 1

Define the meaning of ‘Absolute’ Requirements and provide an example of legislation and case law.

Answer 1

Absolute Requirements, where the duty is qualified by ‘Shall’.

Regulation 4(1), Provision and Use of Work Equipment Regulations 1998.

Stark v The Post Office (2000)

Question 2

Define the meaning of ‘Practicable’ Requirements an example of case law.

Answer 2

Practical requirements imply that if, in the light of current knowledge and invention, it is feasible to comply with these requirements, irrespective of cost or sacrifice, then such requirements must be complied with.

‘Practicable’ means more than physically possible and implies a higher duty of care than a duty qualified by ‘So far as is reasonably practicable’. With a practicable requirement, if something is technically possible then it should be done.

Adsett v K&L Steelfounders Ltd (1953)

Question 3

Define the meaning of ‘Reasonably Practicable’ Requirements an example of case law.

Answer 3

‘Reasonably practicable’ implies a lower or lesser level of duty. Computation must be made in which the quantum of risk is placed on one side of the scale and the sacrifice involved in carrying out the measures necessary for averting the risk is placed on the other side. If it can be shown that there is gross disproportion between the above factors, i.e. the risk is insignificant in relation to the sacrifice, then a defendant discharges the onus on themselves.

Edwards v National Coal Board (1949)