Employers Liability

Question 1

What are the three duties set out in Wilsons & Clyde Coal regarding employers liability?

Answer 1

A duty of the employer to provide:

1. Compettent staff
2. Adequate material
3. A proper system of work and supervision

Question 2

A duty of the employer to provide:

1. Competent staff
2. Adequate material
3. A proper system of work and supervision

is set out in which case?

Answer 2

Wilsons & Clyde Coal

Question 3

Hudson v Ridge Manufacturing

Answer 3

The duty to provide competent fellow workers arises where an employer knows about the risk aparticular worker is posing to fellow wokers.

Question 4

The duty to provide competent fellow workers arises where an employer knows about the risk aparticular worker is posing to fellow wokers. Which case?

Answer 4

Hudson v Ridge Manufacturing

Question 5

Which section of which Act gives employers liability for the faulty machinery of third parties?

Answer 5

Employers Liability (Defective Equipment) Act 1960 Section 1 (1)(b)

Question 6

What are the torts under the heading of employers liability?

Answer 6

Common Law Negligence
Breach of Statutory Duty
Vicarious Liability

Question 7

General Cleaning Contractors v Christmas. What is the ruling?

Answer 7

An employer must assess the place of work, wherever an employee is sent.

Question 8

What are the four aspects of the rule in Wilsons & Clyde Coal?

Answer 8

1. Competent fellow staff
2. Adequate fellow workers
3. A proper system of work and supervisions
4. A safe workplace (Latimer v AEC)

Question 9

Which is the leading case on stress at work?

Answer 9

Walker v Northumberland County Council

Question 10

Which case regarding employers liability for stress sets out guidelines? Which case confirms?

Answer 10

Hatton v Sutherland, Court of Appeal.

Confirmed by Barber, HoL

Question 11

What is Lady Hale’s key test as set out in Barber v Somerset County Council

Answer 11

Is stress reasonably foreseeable for this particular employee?

Question 12

What are the guidelines in Hatton v Sutherland?

Answer 12

The nature of the work carried out by the employee.

Signs from the employee.

Question 13

What are the the types of statutory duties with regards to damages?

Answer 13

1. Statutes that specifically exclude tortious liability
2. Statutes that specifically allow it
3. Statutes that ate silent on tortious liability

Question 14

What are the factors that must be used to interrogate a statute to see if a civil claim is possible?

Answer 14

Factor 1:
Does the statute specifically protect a limited class of people?
(Lornho v Shell)

Factor 2:
Whether the statute provides for any sanction.

Factor 3:
Whether the sanction is effective (Groves v Lord Wimborne).

Question 15

In breach of statutory duty is there ever a need to look at remoteness?

Answer 15

No, if the claim satisfies the mischief rule, as in Gorris v Scott, remoteness is already proven.

Question 16

Is a worker an employee or an independent contractor? Which factors?

Answer 16

Ready Mixed Concrete v Minister for Pensions

1. Employees agree that in consideration of a wage they will provide services
2. Employees agree to subject themselves to the control of their employer
3. Employees act in accordance with a contract of service.

Question 17

What are the three duties from Wilsons & Clyde Coal v English?

Answer 17

1. Competent staff
2. Adequate plant and materials
3. A safe system of work

Question 18

In which case does it make clear that contributory negligence will generally not be found against workers who undertake repetitive work?

Answer 18

Caswell v Powell

Question 19

Which three cases ensure that the statutes match up with the facts for a claim to be taken?

Answer 19

1. Chipchase v British Titan- The facts must sit within the statute
2. Hartley v Mayoh. The claimant must be strictly within the class of people protected by the statute
3. Gorris v Scott The damage incurred must be the right sort of damage under the statute

Question 20

The facts must sit within the statute. Which case?

Answer 20

Chipchase v British Titan

Question 21

The claimant must be within the class of claimants covered. Which case?

Answer 21

Hartley v Mayoh

Question 22

What are the three criteria for vicarious liability to apply?

Answer 22

1. The worker must be an employee
2. The employee commited a tort
3. The employee commited a tort in the course of his employment

Question 23

What are the two cases to mention regarding employee, not a contractor?

Answer 23

Ready Mixed Concrete v Minister for Pensions

Autoclenz v Belcher

Question 24

Punching a customer was not in the course of employment

Answer 24

Warren v Henleys

Question 25

Unloading oil whilst smoking was in the course of employment

Answer 25

Century Instance v NI Road Transport Board

Question 26

Actions specifically prohibited may still count as in the course of employment. Which two caes about picking people up contradict?

Answer 26

Rose v Plenty- Picking up someone to help with the milkround was in the course
Twine v Bean’s Express- Giving a lift to a hitchiker wasn’t in the course of employment

Question 27

Which two cases contradict about employees taking “a frolic of their own”?

Answer 27

Joel v Morrison- Taking a long detour from a route for a purpose unconnected to employment was on a frolic of their own
Driving to get lunch off route as in Hilton v Thomas Burton was not on a frolic

Question 28

Can employers indemnify themselves against riskj?

Answer 28

Yes. Lister v Romford Ice and Cold Storage