Tort - Employer's Primary Liability Flashcards Preview

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Flashcards in Tort - Employer's Primary Liability Deck (22):
1

Employer's primary duty of care is personal and non-delegable

McDermid v Nash

2

Employer's duty:
- to provide safe place of work, including materials and plan
- to operate a safe system of work, including supervision and instruction
- to provide an employee with competent fellow workers

Wilsons & Clyde Coal v English

3

Single duty

Winter v Cardiff

4

Common law duty; compliance with statute is not a defence

Bux v Slough Metals

5

Duty is to take reasonable care

Latimer v AEC

6

Duty to provide safe workplace exists in relation to third party premises

Wilson v Tyneside Cleaning

7

Provision of safety equipment may not be necessary in exceptional conditions

Mulcahy v MOD

8

Employer discharged duty to provide safe place of work by providing protective boots

Qualcast v Haynes

9

Employer provided safety wear but didn't encourage use. However, employer may not be negligent for failing to enforce use where employees refuse.

Bux v Slough Metals

10

Bus drivers had complained about screens - not liable for failure to provide them

Yorkshire Traction v Walter Searby

11

Company must devise safe way of performing tasks required of the employee

General Cleaning v Christmas

12

Employer negligent in failing to keep protective substances on the premises and in failing to ensure the workers used them

Clifford v Charles Challen

13

No duty of absolute supervision - depends upon experience

Woods v Durable Suites

14

Employer should take into account employee's personal characteristics

Paris v Stepney BC

15

Hiring incompetent staff is a breach of primary duty

Black v Fife

16

Employer who knows or ought to know of an employee's habit of playing practical jokes could be in breach of his duty to provide competent staff

Hudson v Ridge

17

One off practical joke

Smith v Crossley

18

Vicarious liability for harassment and bullying

Harrison v Lawrence Murphy

19

But for test (in employment claims)

McWilliams v Sir William Arrol

20

Injury must be of recognised kind

Mughal v Reuters

21

Judges sceptical of volenti in employment context

Smith v Charles Baker ; Bowater v Rowley Regis

22

Volenti can only be where there is genuine and voluntary full agreement

ICI v Shatwell