Law of Torts Chapter 4
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Questions and Answers

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?

  • 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?

  • 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?

    <p>Employer was liable for not providing competent workers</p> Signup and view all the answers

    What was the consequence of the employer's failure to discipline the habitual prankster in Hudson v Ridge Manufacturing Co.?

    <p>The employer was liable for not providing competent workers</p> Signup and view all the answers

    What happened to P in the Hudson v Ridge Manufacturing Co. case?

    <p>Fractured his wrist due to a prank</p> Signup and view all the answers

    What was the outcome of the Smith v Crossley Brothers case?

    <p>Employer was liable for damages</p> Signup and view all the answers

    What happened to P in the Smith v Crossley Brothers case?

    <p>Was injured by compressed air in the rectum</p> Signup and view all the answers

    In an action for damages for personal injury, when is an employer liable for the wrongful act of their employee?

    <p>When the act is done in the course of employment</p> Signup and view all the answers

    Who is considered an occupier of a premise?

    <p>The person in occupation or control of the premises</p> Signup and view all the answers

    What type of visitor enters a premise in pursuance of a contract or for a pecuniary consideration?

    <p>Contractual Visitor</p> Signup and view all the answers

    Who is a lawful visitor?

    <p>Contractual visitors, invitees, licensees, and persons entering as of right</p> Signup and view all the answers

    What type of visitor is a trespasser?

    <p>Unlawful visitor</p> Signup and view all the answers

    What determines the obligations of the occupier for damage which occurs on their premises?

    <p>The character of the entrant</p> Signup and view all the answers

    When is an employee's act considered within the scope of their employment?

    <p>When the act is a class which the employee was authorized to do</p> Signup and view all the answers

    What is necessary for an employer to be liable for an employee's wrongful act?

    <p>The act must be within the course of employment</p> Signup and view all the answers

    What is the consideration for a servant's work and skill?

    <p>Payment of wages and other remuneration</p> Signup and view all the answers

    According to Ready Mixed Concrete v Minister of Pensions, what was the workman declared to be?

    <p>An independent contractor</p> Signup and view all the answers

    What was the workman paid for in Ready Mixed Concrete v Minister of Pensions?

    <p>Per mileage</p> Signup and view all the answers

    What was the workman required to do with the vehicle in Ready Mixed Concrete v Minister of Pensions?

    <p>Make it available throughout the contract period</p> Signup and view all the answers

    What was attached to the truck in Ready Mixed Concrete v Minister of Pensions?

    <p>A mixer with the company's logo</p> Signup and view all the answers

    What was the workman prohibited from doing in Ready Mixed Concrete v Minister of Pensions?

    <p>Carrying goods or anyone else</p> Signup and view all the answers

    What is essential to establish a contract of service?

    <p>All of the above</p> Signup and view all the answers

    What is the role of the leader in the group of workers?

    <p>To divide the payment among the members</p> Signup and view all the answers

    What was the outcome of P's lawsuit against the local authority?

    <p>The court ruled in favor of the local authority</p> Signup and view all the answers

    What was the reason for the cracks in P's house?

    <p>Latent defects in the building materials</p> Signup and view all the answers

    What type of loss did P incur as a result of the cracks in the house?

    <p>Economic loss</p> Signup and view all the answers

    What is the principle that extends only to latent defects?

    <p>Donoghue v Stevenson</p> Signup and view all the answers

    What is the tort of deceit committed when?

    <p>One makes a fraudulent misrepresentation</p> Signup and view all the answers

    What is an example of liability for misstatements?

    <p>Deceit</p> Signup and view all the answers

    How many ways does liability for misstatements arise?

    <p>3</p> Signup and view all the answers

    What is the outcome when one makes a fraudulent misrepresentation to another?

    <p>The person is liable for deceit</p> Signup and view all the answers

    What is the duty of common humanity in relation to trespassers?

    <p>To warn people of the danger of trespassing.</p> Signup and view all the answers

    In the case of Herrington v British Railway Board, what was the defendant found negligent for?

    <p>Not repairing the broken fence.</p> Signup and view all the answers

    What is the condition for a person to be liable for a situation of peril they created?

    <p>If they have knowledge of the danger.</p> Signup and view all the answers

    What is the duty of an occupier in relation to trespassers?

    <p>To warn them of the danger if they have created it.</p> Signup and view all the answers

    What is the basis of liability in the case of Videan v BTC?

    <p>The judgment was in favour of the stationmaster.</p> Signup and view all the answers

    What happened to the fireman, P, in the Ogwo v Taylor case?

    <p>He was injured by the steam generated by pouring water on the fire.</p> Signup and view all the answers

    What is the duty of an occupier in relation to the safety of trespassers?

    <p>To warn them of the danger if they have created it.</p> Signup and view all the answers

    What is the condition for an occupier to have a duty to trespassers?

    <p>If they have knowledge of the danger they created.</p> Signup and view all the answers

    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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    Description

    This quiz covers the law of torts, specifically Chapter 4, dealing with employer's liability and negligence in the workplace.

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