Employers' Liability: Duty of Care Flashcards

1
Q

McDermid v Nash Dredging

A
  • The duty of care on employers is NON-DELEGABLE.
  • They can delegate performance of the duty but if it is not performed, they cannot escape liability.
  • Burden of proof rests on C.
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2
Q

Wilsons and Clyde Coal Co Ltd v English

A
  • An employer always owes a duty of care (long-established).

- There are 3 elements to the duty: safe place of work, safer system of work, competent fellow employees.

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