Employers' Liability: Duty of Care

Question 1

McDermid v Nash Dredging

Answer 1

• The duty of care on employers is NON-DELEGABLE.
• They can delegate performance of the duty but if it is not performed, they cannot escape liability.
• Burden of proof rests on C.

Question 2

Wilsons and Clyde Coal Co Ltd v English

Answer 2

• An employer always owes a duty of care (long-established).

- There are 3 elements to the duty: safe place of work, safer system of work, competent fellow employees.