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Employers' Liability Notes

GDL Law Notes > GDL Tort Law Notes

Updates Available  

A more recent version of these Employers' Liability notes – written by Cambridge/Bpp/College Of Law students – is available here.

The following is a more accessble 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

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