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Published byElla Walton Modified over 8 years ago
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Adsett v K&L Practicable
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Safe place of Work
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Reasonably practicable
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S F A R P
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Employer not liable for latent defect Employers' Liability (Defective Equipment) Act 1969
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Extra care of vulnerable workers
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Breach of statutory duty
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Vicarious Liability
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Donoghue V Stevenson
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Employers Common Law Duty of Care Duties owed personally by the employer and were non- delegable. Duties could be delegated but the responsibility for their correct discharge could not.
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Occupiers Liability includes Trespass
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Voluntary acceptance of risk not proven
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Sir William Arrol & Co Ltd Breach of Stat Duty must cause injury
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Safe place of work
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L
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Safety of Third Parties (Provision of Information) 2(2)(a), 2(2)(c) & 3(1)
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“Safety of Third Parties (Provision of Safe System of Work)”
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“Nuisance – Strict Liability”
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Nuisance
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“Personal Liability of Executives” HASAW 37(1)
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& 1/5’s
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Duties owed to others Reasonable foreseeability; Proximity; and Is it fair and reasonable to impose a duty?
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? Knowledge of Risk – Noise (1963)
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Failure of Violenti Non Fit Injuria defence
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Manufacturing Stat Duty Safe Place of Work
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Violenti non fit injuria – claim failed, accepted others negligence
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Vicarious liability, Employer Indemnified by Employees Father & Son
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Employee duty of care (experienced)
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Vicarious liability – could not foresee wilful misbehaviour
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No SSOW
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OLL No SSOW
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Corporate Manslaughter No PPE or SSOW
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Controlling mind of Company
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S F A R P defence
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Failure to provide suitable work equipment &
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Alleged negligence in way work method organised Found liable, no site visits
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Failure to provide Safe place of Work Liable even though delegated performance of duty to contractors
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WHSWR 92 Woman injured was not employee Only applies to group of people intended to protect
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