Employers - part 1

Question 1

Which acts prohibits the exclusion of liability for employers?

Answer 1

Unfair Contract Terms Act 1977

Question 2

What does the act not allow?

Answer 2

exclusion or restriction of liability
Restricitons in respect of death or personal injury
Unfair or unreasonable terms in contracts.

Question 3

What is the importances of Wilson and Clyde Coal?

Answer 3

You are not allowed to delegate to a third party your responsibility for a party, if you have a special relationship with that party

Question 4

What modern case builds upon Wilson and Clyde Coal

Answer 4

Woodland v Essex County Council

Question 5

What does Woodland v Essex County Council say?

Answer 5

• Duty arises not from negligence of the act but from the antecedent relationship between P and D
• Duty is a positive duty to protect particular persons from particular risks
• The duty remains D’s delegation makes no difference.

Question 6

What case reiterated in Kennedy sets out the standard of care owed to employees by employers?

Answer 6

Stokes v Guest, Keen and Nettlefold.

Question 7

What are the seven requirements of the employer?

Answer 7

• Should consider what she knows or ought to know about safety within the work place
• Should consider general practice of similar employers
• Entitled to follow common practice unless new knoweldge or common sense show it to be bad
• Must keep abreast and not be slow to apply knew knowledge
• If there is greater than average knowledge of risk it must be applied
• Must be balancing test between consequences and likelihood of risk
• Consider risk in regard to expense and inconvenience

Question 8

What act speaks to liability for faulty machinery?

Answer 8

The Employers Liability (Defective Equipment) Act 1969

Question 9

What does the act stipulate?

Answer 9

Even if injury is partly or wholly attributable to the fault of a third party the injury shall be deemed to also be attributable to the negligence of the employer.

Question 10

Which case shows that safe systems of working need to be tailored to account for the specific employee?

Answer 10

Paris v Stepney Council

Question 11

Which case shows that you need not only to have plan for safe system or working but that it is also implemented?

Answer 11

McGregor v AAH Pharma

Question 12

Which case shows that flagrant disregard for safety standards by senior employees will not lead to liability for employers?

Answer 12

Sutherland v McConechy’s tyre service

Question 13

Which case is authority that employer must hire competent employees to keep other employees safe?

Answer 13

Wilson v Merry

Question 14

Which modern case is authority that employers must stop employees from causing P mental and physcial harm?

Answer 14

Waters v Commissioner of Police for the Metropolis