Flash Cards Tort Law Employer's Liability
What is the principle established in Wilsons & Clyde Coal Co Ltd v English (1938)?
Employers have a duty to provide a safe working environment.
Employee injured due to poor safety measures at a coal mine.
What is the principle established in Paris v Stepney Borough Council (1951)?
Employers must take greater care with employees who are more vulnerable to injury.
A one-eyed worker lost his remaining eye due to inadequate safety measures.
What is the principle established in Smith v Charles Baker & Sons (1891)?
Employers must ensure a safe system of work and prevent foreseeable harm.
Employee injured when struck by an overhead crane.
What is the principle established in Clerk v TUI UK Ltd (2017)?
Employers can be vicariously liable for the actions of their employees during their employment.
Plaintiff injured by a negligent employee during a work-related activity.
What is the principle established in Liability of Employers (1989)?
Employers must ensure sufficient supervision of employees to avoid negligence.
Worker injured by an unguarded machine despite training.
What is the principle established in Lister v Hesley Hall Ltd (2001)?
Employers may be vicariously liable for acts of employees, even if those acts are criminal, if they occur within the scope of employment.
Employee (a warden) sexually assaulted children in his care.
What is the principle established in Hepburn v Jones (1999)?
Employers are liable for the negligence of their staff if insufficient supervision is provided.
Injury occurred to an employee due to the lack of supervision during a dangerous task.
What is the principle established in Metrica Ltd v Kaminski (2006)?
Employers are liable for failure to take reasonable precautions against risks of injury.
Employee injured in an accident involving inadequate safety procedures.
What is the principle established in O’Neill v General Motors (2000)?
Employers must provide safe equipment and tools for employees.
Employee suffered injuries due to faulty equipment.
What is the principle established in Viasystems (Tyneside) Ltd v Thermal Transfer Ltd (2006)?
Employers can be liable for harm caused by contractors, especially if the work is inherently dangerous.
Injury occurred during the installation of machinery by a contractor.
What is the principle established in Beard v London General Omnibus Co (1900)?
Employers are vicariously liable for acts committed by employees during the course of employment.
A bus conductor struck a passenger while acting outside the scope of his duties.
What is the principle established in Barnett v Chelsea & Kensington Hospital Management Committee (1969)?
Employers can be liable for the negligence of medical staff, including errors in diagnosis or treatment.
A doctor failed to diagnose arsenic poisoning, leading to the patient’s death.
What is the principle established in Rookes v Barnard (1964)?
Employers may be held vicariously liable for the unlawful acts of their employees if these acts are closely related to the employee’s duties.
A trade union official assaulted a worker. The employer was sued for vicarious liability.
What is the principle established in Wilsons & Clyde Coal Co Ltd v English (1938)?
Employers have a duty to ensure the health and safety of their employees by providing safe equipment and working conditions.
A miner was injured when the employer failed to provide a safe working environment.
What is the principle established in Cavanagh v William Evans Ltd (2003)?
Employers must ensure that a safe system of work is in place to protect employees from foreseeable risks.
An employee was injured while working with machinery that was not properly safeguarded.
What is the principle established in Bolam v Friern Hospital Management Committee (1957)?
In cases of professional negligence, an employer is not liable if the employee acted in accordance with accepted practice, even if another professional would have acted differently.
A patient was injured during electroconvulsive therapy (ECT), and the medical staff were sued for negligence.
