An employer ignores repeated safety warnings and an employee is injured by an unguarded machine. Under common law, what kind of duty does the employer owe?
Answer and explanation
Correct answer: D. A personal non-delegable duty to provide a safe system of work, competent staff, safe plant and a safe place of work
- Step 1: Wilsons and Clyde Coal v English identified the employer's duties.
- Step 2: The employer cannot discharge the duty by delegating it to a contractor.
Answer
A personal non-delegable duty to provide a safe system of work, competent staff, safe plant and a safe place of work.
Why not the others: The duties are wider than first aid; the duty is personal, not just vicarious; part-time employees are also covered.
Practise more Further tort topics.
Free questions with an explanation for every one, and full timed SQE1 (Solicitors Qualifying Examination) mock tests.
More Further tort topics questions
- Cricket balls are hit out of a ground only about once in several years, and a passer-by is struck in the road. Applying Bolton v Stone, is t…
- A claimant is injured when a barrel falls from the defendant's warehouse window and the claimant cannot explain how. Which doctrine may help…
- A road is blocked by an unlawful picket for several days, preventing hundreds of residents from reaching their homes. The Attorney General b…
- Mel pushes Nora to the ground, causing a bruise. Which tort is most obviously committed?
- A claimant who is 20 percent at fault is awarded £100,000 total damages. Ignoring costs and interest, what damages does she recover after co…
- A claim in negligence is brought for property damage caused on 12 June 2022. By when does the primary six-year limitation period expire?