Term
Following a workplace accident, the injured person may sue for: |
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Definition
Negligence or Breach of Statutory Duty |
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Term
To claim for negligence requires proof of: |
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Definition
- Duty of care
- Breach of the duty of care
- That the breach of duty of care caused harm
- The harm sustained was forseeable
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Term
Defence against a claim of negligence: |
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Definition
- Denial
- No duty owed
- The duty owed was not breached
- The harm did not rise from the breach
- The claimant was partly to blame
- Volenti non fit injuria
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Term
The Neighbour Principle stems from: |
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Definition
Donoghue v Stevenson (1932)
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Term
Extent of duty owed: Case Law and Three stage test. |
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Definition
Caparo v Dickman 1990 - 3 stage test
Example, Hillsborough Disaster in 1989. |
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Term
Duty owed by employers to employees, often known as Employers Liability - case law? |
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Definition
Wilsons Clyde Coal v English
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Term
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Definition
Latimer v AEC Ltd(1953)
- A heavy rainstorm flooded the factory making the floor oily. Employer put down sawdust and did everything reasonably practicable to deal with situation. Latimer slipped regardless and injured himself. He lost his claim that a safe place of work was not provided since everything reasonably practicable had been done.
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Term
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Definition
General Cleaning Contractors v Christmas (1953)
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Term
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Definition
Davie v New Merton Board Mills (1959)
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Davie was injured after a chisel broke whilst he was using it. He lost his claim for negligence in failing to provide safe plant and equipment as the employer would not have been able to know the equipment was defective, it was sourced from a reputatble manufacturer and the incident was not foreseeable.
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Term
Provision of Competent Employees: |
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Definition
Hudson v Ridge Manufacturing Co (1957)
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Term
To claim breach of statutory duty claimant must prove: |
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Definition
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The defendant was obligated by the SD
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The claimaint was within class of persons that statue applies
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The statue was breached
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The breach of statute caused the harm
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The harm was the sort the statute aimed to prevent.
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Term
Major defences to claim of BOSD |
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Definition
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Stature barred - eg no action on S2-8 of HASAWA due to S47.
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No breach of duty
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Duty was not owed
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Harm not covered by statute
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Breach did not cause loss - Corn v Weirs Glass (1960)
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Term
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Definition
General - not easily quantifiable i.e., injury to health, personal inconvenience etc.
Special - hospital fees, loss of earnings etc. |
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Term
Joint and Several Liabilities
Joint Tortfeasors
Lister v Romford Cold Storage |
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Definition
If more than one party is responsible for the negligent act they are all held individually liable for full damages. After successful claim, damages can be claimed from one party. That party may then claim contributions from the other parties also liable. |
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Term
Personal injury protocol under Civil Procedure Rules of 1999. |
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Definition
1. Letter of claim sent to prospective defendant.
2. Defendants reply within 21 days identifying their insurer.
3. Investigation - Admit or deny liability.
4. Proceedings, defence letter providing facts admitted, facts denied and defendants verion of eventa |
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Term
Occupiers Liability Act 1984
National Railway Board v Herrington |
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Definition
Duty to tresspassers owed when;
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Occupier knows tresspassers are gaining access
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Occupier is aware of a danger.
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The risk is one which the occupier must offer some protection to.
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