Unit 7 Flashcards
Employers’ duty to their employees in negligence derives solely from common law. True or False?
False- a significant source of this duty derives from statute and European law.
Which of these rules is not part of the ‘holy trinity’ which historically made it difficult for employees to bring successful tort actions against their employers?
The defence of ex turpi causa non oriituractio.
Which of these is not an aspect of the employer’s non-delegable duty to his employee?
Provision of competent financial advice- this was not set out in Wilsons & Clyde Coal v English and case law has established that this is not part of the employer’s duty.
Which case had its effect reversed by the Employers’ Liability (Defective Equipment) Act 1969?
Davie v New Merton Board Mills
Which of the following statements is most accurate regarding the employer’s duty to provide a proper system of working?
It includes a duty to supervise and to warn.
Calling the employer’s duty regarding the employee’s safety ‘non-delegable’ indicates that:
Calling the employer’s duty regarding the employee’s safety ‘non-delegable’ indicates that:
A defectively constructed ship can constitute ‘equipment’ for the purposes of the Employers’ Liability (Defective Equipment) Act 1969.
False- Coltman v Bibby Tankers
What was the crucial factor to the outcome in Walker v Northumberland CC?
That the employer was aware of the plaintiff’s earlier breakdown- the employer’s awareness of the earlier breakdown was held to have made the subsequent breakdown reasonably foreseeable, in the absence of additional precautions concerning the plaintiff’s workload.
To what extent can it be said that there is a subjective element in the employer’s duty of care regarding stress in the workplace?
There is an element of subjectivity.
Which case is the odd one out
Latimer v AEC
