Podcast
Questions and Answers
What led to the death of P's husband?
What led to the death of P's husband?
- Practical jokes by a colleague
- Lack of warning by the fireman
- Carbon monoxide leakage in the mine (correct)
- Inexperienced manager's negligence
What was the consequence of the manager's failure to remove workers from the pit?
What was the consequence of the manager's failure to remove workers from the pit?
- Colleague's prank caused injury
- Workers got ill due to carbon monoxide (correct)
- Employer was not liable for damages
- Fireman recorded the presence of a haze
What is an employer's duty regarding a worker who is a habitual source of danger?
What is an employer's duty regarding a worker who is a habitual source of danger?
- To warn the worker and keep them employed
- To remove the source of danger (correct)
- To tolerate the worker's behavior
- To provide additional training
What was the outcome of the Hudson v Ridge Manufacturing Co. case?
What was the outcome of the Hudson v Ridge Manufacturing Co. case?
What was the consequence of the employer's failure to discipline the habitual prankster in Hudson v Ridge Manufacturing Co.?
What was the consequence of the employer's failure to discipline the habitual prankster in Hudson v Ridge Manufacturing Co.?
What happened to P in the Hudson v Ridge Manufacturing Co. case?
What happened to P in the Hudson v Ridge Manufacturing Co. case?
What was the outcome of the Smith v Crossley Brothers case?
What was the outcome of the Smith v Crossley Brothers case?
What happened to P in the Smith v Crossley Brothers case?
What happened to P in the Smith v Crossley Brothers case?
In an action for damages for personal injury, when is an employer liable for the wrongful act of their employee?
In an action for damages for personal injury, when is an employer liable for the wrongful act of their employee?
Who is considered an occupier of a premise?
Who is considered an occupier of a premise?
What type of visitor enters a premise in pursuance of a contract or for a pecuniary consideration?
What type of visitor enters a premise in pursuance of a contract or for a pecuniary consideration?
Who is a lawful visitor?
Who is a lawful visitor?
What type of visitor is a trespasser?
What type of visitor is a trespasser?
What determines the obligations of the occupier for damage which occurs on their premises?
What determines the obligations of the occupier for damage which occurs on their premises?
When is an employee's act considered within the scope of their employment?
When is an employee's act considered within the scope of their employment?
What is necessary for an employer to be liable for an employee's wrongful act?
What is necessary for an employer to be liable for an employee's wrongful act?
What is the consideration for a servant's work and skill?
What is the consideration for a servant's work and skill?
According to Ready Mixed Concrete v Minister of Pensions, what was the workman declared to be?
According to Ready Mixed Concrete v Minister of Pensions, what was the workman declared to be?
What was the workman paid for in Ready Mixed Concrete v Minister of Pensions?
What was the workman paid for in Ready Mixed Concrete v Minister of Pensions?
What was the workman required to do with the vehicle in Ready Mixed Concrete v Minister of Pensions?
What was the workman required to do with the vehicle in Ready Mixed Concrete v Minister of Pensions?
What was attached to the truck in Ready Mixed Concrete v Minister of Pensions?
What was attached to the truck in Ready Mixed Concrete v Minister of Pensions?
What was the workman prohibited from doing in Ready Mixed Concrete v Minister of Pensions?
What was the workman prohibited from doing in Ready Mixed Concrete v Minister of Pensions?
What is essential to establish a contract of service?
What is essential to establish a contract of service?
What is the role of the leader in the group of workers?
What is the role of the leader in the group of workers?
What was the outcome of P's lawsuit against the local authority?
What was the outcome of P's lawsuit against the local authority?
What was the reason for the cracks in P's house?
What was the reason for the cracks in P's house?
What type of loss did P incur as a result of the cracks in the house?
What type of loss did P incur as a result of the cracks in the house?
What is the principle that extends only to latent defects?
What is the principle that extends only to latent defects?
What is the tort of deceit committed when?
What is the tort of deceit committed when?
What is an example of liability for misstatements?
What is an example of liability for misstatements?
How many ways does liability for misstatements arise?
How many ways does liability for misstatements arise?
What is the outcome when one makes a fraudulent misrepresentation to another?
What is the outcome when one makes a fraudulent misrepresentation to another?
What is the duty of common humanity in relation to trespassers?
What is the duty of common humanity in relation to trespassers?
In the case of Herrington v British Railway Board, what was the defendant found negligent for?
In the case of Herrington v British Railway Board, what was the defendant found negligent for?
What is the condition for a person to be liable for a situation of peril they created?
What is the condition for a person to be liable for a situation of peril they created?
What is the duty of an occupier in relation to trespassers?
What is the duty of an occupier in relation to trespassers?
What is the basis of liability in the case of Videan v BTC?
What is the basis of liability in the case of Videan v BTC?
What happened to the fireman, P, in the Ogwo v Taylor case?
What happened to the fireman, P, in the Ogwo v Taylor case?
What is the duty of an occupier in relation to the safety of trespassers?
What is the duty of an occupier in relation to the safety of trespassers?
What is the condition for an occupier to have a duty to trespassers?
What is the condition for an occupier to have a duty to trespassers?
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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
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