Sources of Law

Question 1

3 major sources of law

Answer 1

statute, common, european

Question 2

examples of statute law

Answer 2

acts, regs, orders

Question 3

facts about common law

Answer 3

judicial precedent, judge made, only changed by higher court

Question 4

types of european law

Answer 4

directives = general objectives / standards

regs - must be followed in entirety

Question 5

facts about criminal law

Answer 5

statute, punish non-compliance
standard set by the state
protection / prevention
imprisonment / fines
made by parliament

Question 6

facts about civil law

Answer 6

judicial precedent sets the standard
can also be statute
injunctions, orders, compensation
rules of behaviour

Question 7

burden of proof - criminal

Answer 7

beyond all reasonable doubt

Question 8

burden of proof - civil

Answer 8

balance of probability

Question 9

standards of duty

Answer 9

absolute
practicable
reasonably practicable
BATNEEC - best available technology not exceeding economic cost
best practical means

Question 10

Case ref absolute duty

Answer 10

Summers v Frost 1955
Hand in contact with grinding wheel that should have been completely guarded
Absolute duty - guarding to afford complete protection to careless or inattentive worker
Ruled that there had been a breach of statutory duty

Question 11

Case ref practicable duty

Answer 11

Marshall v Gotham 1954
Mine roof collapsed, previously tested but not propped. Collapse due to unforeseen geological fault not known about.
Risk of roof collapse not reasonably foreseeable
Employer not liable because had taken reasonable steps to secure roof

Question 12

Case ref reasonably practicable duty

Answer 12

Edwards v National Coal Board 1949
Miner killed when road subsided, no timber supports
Other sections supported
NCB liable as cost to install supports was not prohibitive compared to the risk

Question 13

Criminal courts

Answer 13

Magistrate, Crown

Cases brought by Crown Prosecution Service

Question 14

H&S framework in UK

Answer 14

HSWA 1974
Regs
ACOPs
Guidance

Question 15

Details ref ACOPs

Answer 15

Not law
special legal status
failure to follow can secure conviction

Question 16

Definition of tort

Answer 16

violation of a right or duty, e.g. negligence

Question 17

Civil courts

Answer 17

County, High

Question 18

3 Civil court remedies

Answer 18

Orders, injunctions, compensation

Question 19

doctrine of precedence (civil / common law)

Answer 19

lower court follows higher court rulings
ensures consistency
continually revised

Question 20

disadvantages of doctrine of precedence

Answer 20

case outcomes uncertain
no law if case can be shown to be different
court not bound by previous judgments

Question 21

what is delegated legislation

Answer 21

Govt can issue additional requirements

Can be challenged ref validity (unlike Acts of Parliament)

Question 22

How can delegated legislation be challenged

Answer 22

ultra vires - beyond powers

against some aspect of common law

Question 23

What is negligence

Answer 23

failure to comply with a duty of care (careless conduct)

Question 24

How is a negligence case established

Answer 24

duty of care owed
duty breached through negligence
breach resulted in damage
res ipsa loquitor - the facts speak for themselves

Question 25

Negligence defences

Answer 25

deny liability
no duty owed
no breach of duty (foreseeable, reasonable)
Contributory negligence (not 100% defence)
No fault
Volenti non fit injuria - claimant agreed to run risk of accidental harm
Ex turpi causa non oritur actio - not based on illegal or immoral act
Out of time - 3 years from date noticed injury

Question 26

Statutory duty breach tests

Answer 26

Defendant obligated
Claimant designed to be protected by statute
Injury was type contemplated by statute
Defendant in breach of duty
Breach caused injury

Question 27

Statutory duty defences

Answer 27

Not within statute
Civil action not permitted
Defendant not obligated by statute
Duty not owed
Injury not contemplated by statute (e.g. Ionising Radiation Regs apply to pregnant women)
Not in breach of duty
Breach did not cause injury

HSWA Section 47 - breach of sections 2 to 8 proven, then cannot sue for negligence

Question 28

What is vicarious liability?

Answer 28

One person held liable for another’s torts

Employer not usually liable for acts independent contractors

Question 29

Vicarious liability case - negligence of employees

Answer 29

Lister v Romford Ice Cold Storage 1957
Father run over by son driving truck
Employee breached duty implied in employment contract to take due care

Question 30

Vicarious liability case - negligence of contractors

Answer 30

McArdle v Andmac Roofing 1967
subcontractor hired to repair roof
employee fell through gap
Main contractor had duty to supervise and ensure gaps not left

Question 31

Vicarious liability case - joint liability

Answer 31

Driver v Willett (Contractors) 1969
Claimant injured when hoist used unsafely
Sued safety consultants who failed to advise ref lifting equipment

Question 32

Vicarious liability case - independent contractors

Answer 32

Austin Rover v Inspector of Factories 1989
paint sump cleaned by contractors using own thinners
employee killed by flash fire
had used Austin Rover thinners, pipes interfered with, safety lamp not used

Question 33

Vicarious liability tests

Answer 33

Contract of service (employee)
Contract for service (contractor)
‘told what to do and how to do it’

Question 34

Example of absolute duty

Answer 34

HSWA section 2(3) - requirement for H&S policy statement
PUWER - requirements for inspection & testing, guarding
LOLER - statutory inspection

Question 35

What did the Enterprise & Regulatory Reform Act 2013 do?

Answer 35

Amended HSWA so that no civil right of action for breach of duty for certain H&S regs, other than where specific right specially provided for.

i.e. only where legislation includes specific exemption, e.g. pregnant worker cannot be forced to work in compulsory maternity period (2 weeks from due date)