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.
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.