40 Questions
What led to the death of P's husband?
Carbon monoxide leakage in the mine
What was the consequence of the manager's failure to remove workers from the pit?
Workers got ill due to carbon monoxide
What is an employer's duty regarding a worker who is a habitual source of danger?
To remove the source of danger
What was the outcome of the Hudson v Ridge Manufacturing Co. case?
Employer was liable for not providing competent workers
What was the consequence of the employer's failure to discipline the habitual prankster in Hudson v Ridge Manufacturing Co.?
The employer was liable for not providing competent workers
What happened to P in the Hudson v Ridge Manufacturing Co. case?
Fractured his wrist due to a prank
What was the outcome of the Smith v Crossley Brothers case?
Employer was liable for damages
What happened to P in the Smith v Crossley Brothers case?
Was injured by compressed air in the rectum
In an action for damages for personal injury, when is an employer liable for the wrongful act of their employee?
When the act is done in the course of employment
Who is considered an occupier of a premise?
The person in occupation or control of the premises
What type of visitor enters a premise in pursuance of a contract or for a pecuniary consideration?
Contractual Visitor
Who is a lawful visitor?
Contractual visitors, invitees, licensees, and persons entering as of right
What type of visitor is a trespasser?
Unlawful visitor
What determines the obligations of the occupier for damage which occurs on their premises?
The character of the entrant
When is an employee's act considered within the scope of their employment?
When the act is a class which the employee was authorized to do
What is necessary for an employer to be liable for an employee's wrongful act?
The act must be within the course of employment
What is the consideration for a servant's work and skill?
Payment of wages and other remuneration
According to Ready Mixed Concrete v Minister of Pensions, what was the workman declared to be?
An independent contractor
What was the workman paid for in Ready Mixed Concrete v Minister of Pensions?
Per mileage
What was the workman required to do with the vehicle in Ready Mixed Concrete v Minister of Pensions?
Make it available throughout the contract period
What was attached to the truck in Ready Mixed Concrete v Minister of Pensions?
A mixer with the company's logo
What was the workman prohibited from doing in Ready Mixed Concrete v Minister of Pensions?
Carrying goods or anyone else
What is essential to establish a contract of service?
All of the above
What is the role of the leader in the group of workers?
To divide the payment among the members
What was the outcome of P's lawsuit against the local authority?
The court ruled in favor of the local authority
What was the reason for the cracks in P's house?
Latent defects in the building materials
What type of loss did P incur as a result of the cracks in the house?
Economic loss
What is the principle that extends only to latent defects?
Donoghue v Stevenson
What is the tort of deceit committed when?
One makes a fraudulent misrepresentation
What is an example of liability for misstatements?
Deceit
How many ways does liability for misstatements arise?
3
What is the outcome when one makes a fraudulent misrepresentation to another?
The person is liable for deceit
What is the duty of common humanity in relation to trespassers?
To warn people of the danger of trespassing.
In the case of Herrington v British Railway Board, what was the defendant found negligent for?
Not repairing the broken fence.
What is the condition for a person to be liable for a situation of peril they created?
If they have knowledge of the danger.
What is the duty of an occupier in relation to trespassers?
To warn them of the danger if they have created it.
What is the basis of liability in the case of Videan v BTC?
The judgment was in favour of the stationmaster.
What happened to the fireman, P, in the Ogwo v Taylor case?
He was injured by the steam generated by pouring water on the fire.
What is the duty of an occupier in relation to the safety of trespassers?
To warn them of the danger if they have created it.
What is the condition for an occupier to have a duty to trespassers?
If they have knowledge of the danger they created.
Study Notes
Employer's Liability
- An employer can be liable if they appoint an inexperienced person to carry out highly dangerous activities, resulting in injury to another employee.
- If an employer is aware of an employee's habitual conduct that poses a danger to fellow workers, they have a duty to remove that source of danger.
- However, if the employer is unaware of practical jokes, they may not be liable for resulting injuries.
Contract of Service
- A contract of service exists if:
- The servant agrees to work for a wage or remuneration.
- The servant agrees to be subject to the control of the employer.
- The contract is consistent with a contract of service.
Negligence in Relation to Premises/Occupier's Liability
- The obligations of an occupier depend on the character of the entrant (lawful or unlawful visitors).
- Lawful visitors include:
- Contractual visitors
- Invitees
- Licensees
- Persons entering as of right
- Unlawful visitors are trespassers.
- An occupier has a duty of common humanity to make their land safe for trespassers if they have created a situation of peril.
Liability for Misstatements
- Liability for misstatements arises in three main ways:
- Deceit (fraudulent misrepresentation)
- Negligent misstatements
- Defamation
This quiz covers the law of torts, specifically Chapter 4, dealing with employer's liability and negligence in the workplace.
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