Section 1 Common Law Flashcards
What are the 4 Common Law duties of care
Duty to provide a safe place of work
Duty to provide safe systems of work
Duty to provide safe equipment
Duty to provide competent colleagues
Can an employer be prosecuted in a criminal court for failure to comply with these common law duties
NO- these are common law precedents created for,
civil duties of care. (can be sued for compensation- but can’t be prosecuted for a criminal offence)
What is Common Law
Common Law is a Law that is created through legal presidents in court.
What is Statue Law
Statue Law is legislation that is created by Government or Parliament.
What is Criminal Law
Criminal Law is a law designed to punish those who commit offences.
What is Civil Law
Civil Law is a law to regulate disputes between parties.
What does Common Law do or what is the purpose of Common Law.
(can help a victim or victims - 4 common law duties-).
Common Law:
- Ensure consistency in application of the law between judges & courts.
- Allows law to evolve to suit society’s changing needs.
- decisions made a published, along with the reasoning behind them.
- Gives flexibility to interpret Statue Law and to consider each case on it’s own merits.
What can Common Law decisions establish
They can establish a new criminal offence or a new civil liability.
Can your employer be prosecuted for a breach of any of the 4 common law duties of care.
An employer can not be prosecuted for a breach of the common law duties. (these are civil duties - not criminal offences).
Can your employer be sued for a breach of any of the 4 common law duties of care.
Yes, they can sued for compensation.
but not prosecuted for criminal offences
Can a common law decision be overturned
A common law decision can only be over turned by a higher court or by new legislation.
Do common Law decisions interpret the words used in statue law.
Yes. Common law interprets the words/wording used in statue law.
As Common Law is a system of legal precedents, Are the decisions binding in Lower courts
Yes, all decisions are binding in Lower courts.
Make a list of the Key Features of Common Law
Common Law Key Features.
- Lower courts follow judgement of higher court
- Based on judgements by judges in court.
- If new law made findings/reasoning is published by judges
- Can create new criminal law or new civil liberty violation.
- Courts are bound by earlier judgements (precedents).
What is the relevance of Common Law to H&S
Common Law allows a victim to sue for compensation -under the duties o common law care that is owed.
Think about the duties that an employer owes to employees.
list 4, think of more :)
List below. (add your own). 1. Duty of care 2. Health 3. Safety 4. Welfare Try to think of another 4.
What are common Law judgements based on:
list 4.
- Negligence
- duty of care
- practicable
- reasonably partible
Statue Law (list 4 sources).
- Law laid down by acts of parliament
- Health & Safety at work act 1974
- Specific duties mainly in regulations or statutory instruments.
- takes precedence over common law.
Criminal Law
list six facts
- Enforced by the state to punish individual’s or organisations.
- Individual prosecuted by an Agency of state (Police, HSE, Local Authority, Fire Authority.
- Individual is either Guilty or not Guilty
- can impose fine or imprisonment
- mproof must be “beyond reasonable doubt”
- can’t insure against punishments.
Civil Law
List seven facts
- disputes settled between individuals or organisations.
- will address a civil wrong (tort)
- Individual or organisation are sued.
- courts can award compensation and costs
- proof based on balance of probabilities.
6.individuals are liable or not liable - employers must insure against civil actions
by taking out Employers liability Insurance.
List 4 reasons for Employers liability insurance
- Legal requirement for all employers
- covers employers liability in the event of accidents.
- covers work related ill health to employees and anyone affected by their operations.
- ensure that an employee who sues gets their compensation.
In Criminal Law, who is the burden of proof with
The State
In Criminal Law how does the state prove the its case
the state has to prove the guild to the accused - beyond all reason.
If the state can prove burden of proof in criminal law what is the punishment
if convicted the guilty party can be punished through fines and prison.
In Civil Law who is the burden of proof with
In Civil Law the burden of proof is on the claimant, to prove the defendant is liable to pay compensation.
In Civil Law what is the Claimant trying to prove
that compensation is due as a result of any harm or loss suffered as a result of the defendants negligence. This is proved on the balance of probability.
list 4 things that are true about improvement notices
- They are used when there is a breach of H&S statutory duty.
- They give a minimum of 28 days to implement improvements.
- It is a criminal offence to not comply with an improvement notice.
- can be appealed within 21 days.
True or False.
When deciding if a control measure is “reasonably practical” you must compare the risk vs the cost.
“money/time/effort. if cost is to high then risk is measured as not reasonably practical.
False.
Describe ACOP,
Approved codes of practice
- The documents have special legal status.
- if prosecuted for a breach of H&S- if not followed the relevant provisions of the document. A court can find you at fault. Unless you can show you have complied with the law some other way.
List 4 duties of a client under CDM regulations 2015
- Make suitable arrangements for managing a project
- appoint a competent principle contractor & principle designer.
- Notify the HSE if the project is notifiable
- Allow sufficient time and resources to carry out the project safely.
