L2 Flashcards
what is the type of laws?
criminal : statute - common
civil : statute - common
What is the difference between civil and Criminal Law?
criminal law:
- pesecution vs company
- allocation of punishment (fines . prohibition . imprisonment)
- proof beyond all reasonable doubt
civil law :
-liability of company or person
- individual vs individual or company
- balance of prbability
seek to compensate
What is the difference between Statute and Common Law?
common :
- unwritten rules
- based on historical case
-duty of care
statute :
- written rules
- act of parliaments
- regulations
what is regulations ?
a rules that maid and maintain by an authority
what is the torts of common law ?
negligence
- lack of reasonable care
- violation . nuisance
write tort of negligence reasonable test ?
- failing to do something a reasonable person would do -
- doing something reasonable person will not do
write 3 defence against common rule ?
- denial of fact
- denial of liability
- cuntributy on negligince
what employers must do in duty of care ?
- provide safe work place
- provide safe equipment
- provide safe work system
what is the duty of the employees stated in
HSWA 1974 ?
• Care for their own safety and others’ safety
Cooperate with the employer to meet legal safety obligations
• Don’t tamper with safety equipment
• 1a. What are the general duties of the employer towards their employees
stated in the Health and Safety a
Every employer must ensure, as far as reasonably practicable, the health, safety, and welfare of all employees at work.”
Ensure safe equipment and work systems
• Handle, transport, and store substances safely
• Provide information, training, and supervision
• Maintain a safe workplace, including entry and exit
• Ensure a safe environment with necessary facilities
• Have a written safety policy
• Allow employees to give feedback on health, safety, and welfare
What defences are there against a Common law Claim?
Denial of fact
• Denial of liability
• Contributory negligence
• The accuser acted in an unreasonable way which added
to the injury
• Lack of foreseeability
• Remoteness of damage
• Volenti non fit injuria
• Accuser willingly put themselves in danger
What is Tort of Negligence - Reasonable Test:
• Failing to do something a reasonable person would do
• Doing something a reasonable person would not do
What is the power of inspector?
- Examine and investigate
-d destroy or render harmless substances or articles - initiate prosecution
_ take photographs samples and remove equipment
