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NGC1 > Legal 1.2 > Flashcards

Legal 1.2 Flashcards

1
Q

Statute Law - What is an Act?

A
  • Primary Legislation
  • Passed by House of Parliament
  • H&SAW 1974
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2
Q

Statute Law - What is a regulation?

A
  • Made under act (H&SAW 1974)
  • Passed by Secretary of State
  • Breaches = enforcement notices/fines/imprisonment
  • More detail than Act
  • MHASAW 1999
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3
Q

Statute Law - What is an approved code of conduct? ACOPs

A
  • Produced by HSE with consent from Secretary of State
  • Gives guidance on how to comply
  • one for each reg
  • Not legally binding
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4
Q

Statute Law - Guidance, what is this?

A
  • Official notes by HSE
  • Give greater breadth of topic covered
  • No legal standing
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5
Q

Statute Law - Define - Absolute Duties

A
  • Highest level
  • MUST and SHALL
  • Complied with irrespective of cost
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6
Q

Statute Law - Define - Practicable

A
  • If technically feasible then should be done

* Machine guarding

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7
Q

Statute Law - Define - Reasonably Practicable

A
  • Balances risk and cost

* If cost outweighs risk then duty is discharged unless deemed high risk (injury/death)

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8
Q

Define Statute Law

A
  • Written down
  • Passed by Parliament
  • Acts and regs
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9
Q

Define common law

A
  • Established through previous civil cases (Precedents)
  • Can be passed down over time
  • Applies to civil and criminal law
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10
Q

Define Civil Law

A
  • Against individual
  • 3 years max to be brought to court
  • Balance of probability
  • Judge
  • Compensation
  • Based on precedent
  • County Court
  • Based on Common Law
  • Tort - to right a civil wrong
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11
Q

Define Criminal Law

A
  • Crime against state
  • Proven beyond all reasonable doubt
  • Jury
  • Summary offences - Magistrates - 6 months imprisonment & unlimited fine
  • Indictable offences - Crown Court - 2 years imprisonment & unlimited fine
  • Based on Statute Law
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12
Q

Explain the role of HSE

A
  • Advises secretary of state in creation/amendment of regulations
  • Provides info and guidance
  • Enforcement - directly regulated industries IE hospitals, construction
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13
Q

Explain the role of the Local Authority in H&S

A
  • Provide enforcement for none HSE regulated industries IE childcare, hotels, restaurants
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14
Q

What are fees for intervention and why are they charged?

A
  • Fees for intervention are fines imposed by HSE on regulated parties who have committed a material breach of H&S law.
  • They are charged to recoup costs to move this away from public funding and placed back onto the company who committed the offence
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15
Q

What powers do inspectors have?

A

EMP SIAA

  • Entry
  • Measurement
  • Photos
  • Samples
  • Investigate
  • Access
  • Assistance
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16
Q

Why would an improvement notice be given, what would happen if this was not done?

A
  • It would be noticed if there was a breach of statutory provisions IE No Documents, but there is no imminent risk/harm
  • If not complied with this may result in a prohibition notice or prosecution
17
Q

What is a Prohibition notice?

A
  • A prohibition notice is a serious failing where there is serious risk/harm. This prevents work continuing
  • Failure to comply is a criminal offence
18
Q

Where would an improvement/prohibition notice be appealed and what would occur?

A
  • Appeals are heard at an employment tribunal
  • Improvement notice is suspended until appeal is heard
  • Prohibition notice remains in place until hearing
19
Q

What are criminal law defences for individuals, employers and the accused?

A
  • Individuals - prove all reasonable care was taken
  • Employers - Prove all reasonably foreseeable precautions were done
  • Accused - Prove it was not reasonably/practicable to do more
20
Q

What is a Tort of Negligence?

A
  • Civil Wrong

* Gives affected party chance to seek compensation for wrong doing

21
Q

What is the duty of care - Neighbour?

A
  • Donoghue V Stevenson 1932
  • Ginger beer - snail - unable to sue manufacturer for breach of contract as contract was with shop keeper who sold beer.
  • If DUTY OF CARE doesn’t already exist one is owed to anyone that could be affected by act/omissions
22
Q

What is the criteria to bring a case of Tort of Negligence to court?

A
  • Is there a duty of care owed?
  • Were any duties breached?
  • Any injury/damage sustained?
23
Q

What would be the defences for a Tort of Negligence?

A
  • Duty of care was not owed - IE 3rd party not employed
  • Duty of care not breached - Accident was not reasonably foreseeable - there was no other way to work
  • No direct injury/damage -IE injury was caused by sport
  • Denial of facts - it never happened
24
Q

What is Contributory Negligence?

A
  • Defence
  • Defendant takes partial responsibility
  • identifies failings meaning claimants award is reduced or denied
25
Q

Explain what is meant by VICARIOUS LIABILTY?

A
  • Employers are held responsible for an employees negligent act
  • Even if act was forbidden by employer
  • employer still hold a duty of care
26
Q

What must employers legally provide?

A
  • Safe place of work
  • Safe plant/equipment
  • Competent workers
  • Training/ Supervision
  • SSOW

NGC1 (19 decks)

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