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GDL Law Notes GDL Tort Law Notes

Employers' Liability Notes

Updated Employers' Liability Notes

GDL Tort Law Notes

GDL Tort Law

Approximately 591 pages

A collection of the best GDL notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through applications from top students and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short these are what we believe to be the strongest set of GDL notes available in the UK this year. This collection of GDL notes is fully updated for recent exams, also making them the most up-to-date GDL study materials ...

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The following is a more accessible plain text extract of the PDF sample above, taken from our GDL Tort Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

REVISION NOTES - TORT

EMPLOYERS’ LIABILITY

BREACH OF STATUTORY DUTY

Tort claim?

PRESUMPTIONS = Lonrho - If Statute protects Ascertainable class (WILL allow claim) or Imposes a sanction (will NOT allow a claim)

- Wilson duties - If the Statutory duty coincides with/complements the Common Law

Duty

- Protected class Exactly within t Statutory wording = Titan?

Breach

1) If Mandatory language Imposes Strict liability

2) If Only qualifying words = C must prove D’s fault

Damage

- Scott - must be of Kind Intended to avoid

Causation

1) ‘But for’ test (Arrol) and Remoteness Rules = NO need to consider here

Defences

1) Volenti (consent)

2) Contributory Negligence

COMMON LAW NEGLIGENCE

Duty

- Wilsons & Clyde Coal Co v English - Employers have 4 Separate And Non-Delegable duties:

  1. COMPETENT STAFF

  2. ADEQUATE PLANT, EQUIPMENT & MACHINERY

  3. SAFE SYSTEM OF WORK & SUPERVISION

  4. SAFE WORKPLACE (Latimer v AEC)

Breach

- Standard of care

- Professional = higher standard of care

- Reasonable Person test = Blyth - this is a OBJECTIVE TEST (Glasgow)

- Inexperienced = NO ALLOWANCE FOR INEXPERIENCE (Nettleship)

- Child = Reasonable Child of Defendant’s Age (Mullin)

- Meet relevant Standard of Care? - Factors

  • Cost & Practicality - Latimer v AEC

  • Risk of Harm - Bolton v Stone

  • Public Interest - Watt v Hertfordshire

  • Sudden Incapacity - Waugh

  • Res Ipsa Loquitor - liable even if absence of evidential blame - Scott v London & St Katherine Docks

  • State of Knowledge at the time of the event only - Roe

Causation

- ONLY established if ALL 3 elements are satisfied:

  1. FACTUAL CAUSATION

- MATERIALLY CONTRIBUTED to HARM (Bonnington), ii) MATERIALLY CONTRIBUTED to RISK of Harm (McGhee)

2) NEW INTERVENING ACT

- Unforseeable / Reckless/ Instinctive response acts will NOT break Causation (Scott v Shepherd) / Negligent Medical Treatment will NOT usually break Causation (Rahman) / Event

3) LEGAL CAUSATION =

  • Wagon Mound = REMOTENESS RULE - only if a reasonable man could have foreseen damage

  • Robinson v Post Office = EGG-SHELL SKULL RULE - take victim as you find them

Defences

1) Volenti (consent)

2) Contributory Negligence

3) VICARIOUS LIABILITY

EMPLOYEE > INDEPENDENT CONTRACTOR

- Employee = Supplied with equipment / Has tax & benefit provision / Integrated within the business / Regular wage / provide services for the Employer

- Independent Contractor =...

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