CAP774 - UK FIS

Question 1

DUTY OF CARE
What is common law?

Answer 1

Has any laws been broken?
Any loss or injury?
Has a person been negligent?

Question 2

DUTY OF CARE

Establishing whether a duty of care is owed:

Answer 2

To decide if a duty of care is owed by one person to another, the courts will consider the three criteria:
- The loss suffered must have been “reasonably foreseeable”
- There must be “proximity” between the claimant and the person who has been negligent
- It must be fair, just and reasonable to impose a duty of care

Question 3

DUTY OF CARE
How should the Duty of care be discharged?

Answer 3

• Is there any relevant set of standards or procedures?
  - Yes – have they complied?
  - No – May be difficult to establish if a person has
  acted properly or no

Question 4

DUTY OF CARE

Vicarious liability and indemnity for acts in the course of employment:

Answer 4

• An employee will be indemnified by their employer if they are sued under a civil claim of negligence for anything they do (or fail to do) as part of the proper fulfilment of their duties as an employee.
• The employer is in any event generally liable for the acts and omissions of its employees (“vicarious liability”)
• An Individual employee remains personally responsible so far as any criminal, regulatory or employment consequences are concerned.