breach of common law duty

Question 1

when does this apply

Answer 1

when primary duty owed directly by employer to employee

Question 2

what are non delegable duties

Answer 2

duties which cannot be avoided by an employer engaging an independent contractor

Question 3

what case did this apply to

Answer 3

Wilson and Clyde Coal Co v English [1938]

Question 4

what 4 things do employers have a duty at common law to do

Answer 4

1. employ competent staff
2. provide adequate plant and equipment
3. provide a safe system of work
4. provide a safe place of work

Question 5

what 2 cases said duty to employ competent staff

Answer 5

Hudson,

Waters

Question 6

what case said duty at common law to provide adequate plant and equipment

Answer 6

davie

Question 7

what act supports duty to provide adequate plant and equipment

Answer 7

Employers’ Liability (Defective Equipment) Act 1969 which removes issue of claiming compensation for injury against employer through defective manufactured equipment. The employer can then choose to claim against the manufacturer

Question 8

what case said court has a duty to provide safe system of work and employers should take into account potential carelessness of employees

Answer 8

Christmas

Question 9

what case said duty to provide safe place of work

Answer 9

latimer v aec ltd