This document provides a summary of several case law examples relevant to NEBOSH health and safety qualifications. It includes summaries of landmark cases that helped define concepts like "absolute duty", "reasonably practicable", and employers' liability for equipment. Examples cover topics such as duty of care to trespassers and vulnerable employees, liability for rescue attempts, and retrospective liability for environmental contamination. The document is intended as a study guide for NEBOSH exam preparation.
The document outlines rules for framing lawsuits and joining multiple causes of action in civil suits under the Code of Civil Procedure. It states that every suit should aim to provide a final decision on all matters in dispute. It also lays out that a plaintiff must include their whole claim regarding a cause of action in one suit, and cannot later sue regarding any parts omitted. The rules allow joining multiple causes of action against the same defendant, with jurisdiction based on the total subject matter. Objections to misjoinder must be raised at the earliest opportunity.
This document discusses the tort of trespass to land. It defines trespass to land as entry onto another's property without permission. Trespass can occur through direct entry, placing objects on the land, or allowing animals to enter. The plaintiff must prove possession of the land and interference with that possession to win a trespass case. Available remedies include injunctions and damages. Defenses include licenses, necessity, and authority of law. If a lawful entry later involves wrongful acts, the trespasser may be liable from the beginning in the doctrine of trespass ab initio.
NJ Jurisprudence - Corporate PersonalityNemil Shah
This document discusses the concept of corporate personality in jurisprudence. It defines a corporation as an artificial person in law that can have rights and duties and hold property. There are three conditions for a corporation: a group of people associated for a purpose, organs through which it functions, and a legal will attributed to it. There are two types of corporations - aggregate and sole. The corporate veil can be lifted in cases of fraud, improper conduct, tax evasion, or activities against public policy to determine the true character behind the legal entity. A corporation sole represents a public office held by successive individuals where the legal personality continues between holders.
This document summarizes Islamic law on the topic of torts. It discusses several key torts such as trespass, slander and libel, assault and battery, and negligence. For each tort, it provides relevant quotes from the Quran and Hadith to explain how Islamic law approaches that particular tort. It also discusses differences between English and Islamic tort law, as well as concepts like vicarious liability. The conclusion emphasizes that Islamic jurists relied on the same sources as general Islamic law when dealing with torts, and that Islamic law aims to balance harmony and non-interference with others.
The Privy Council originated in Norman England as an advisory body to the King consisting of his personal advisors. Over time it evolved and split into different bodies that dealt with executive and judicial matters. The modern Privy Council was established in the 16th century as an advisory body to the King on state affairs. It later took on a judicial role, hearing appeals from courts in British colonies and eventually from courts in British India starting in the 18th century. The right of appeal to the Privy Council from Indian courts continued into the 20th century until it was abolished in 1949 with the passage of the Abolition of Privy Council Jurisdiction Act in independent India.
This document discusses the law around private defence in criminal cases under Indian law. It makes several key points:
1) Private defence is a defensive right that can only be claimed when circumstances clearly justify it for self-defence purposes, not as an excuse for aggressive or retributive acts.
2) There is no right of private defence against acts of public servants acting in good faith while discharging their legal duties.
3) The right of private defence commences when there is a reasonable apprehension of danger to oneself or another and lasts only as long as the threat remains. It must not involve more force than necessary to defend.
4) Private defence can legally extend to causing death in self
Rudolf Von Ihering was a German jurist known as the 'father of modern sociological jurisprudence'. He originally belonged to the historical school of jurisprudence but became convinced the origin of law lies in sociological factors after writing about Roman law. Ihering viewed law as a means to an end, with the end being furthering and protecting the interests of society. He stressed balancing individual, state, and social interests, with social interests taking priority. Law serves to reconcile selfish and unselfish purposes through principles like reward, coercion, duty, and love.
The document outlines rules for framing lawsuits and joining multiple causes of action in civil suits under the Code of Civil Procedure. It states that every suit should aim to provide a final decision on all matters in dispute. It also lays out that a plaintiff must include their whole claim regarding a cause of action in one suit, and cannot later sue regarding any parts omitted. The rules allow joining multiple causes of action against the same defendant, with jurisdiction based on the total subject matter. Objections to misjoinder must be raised at the earliest opportunity.
This document discusses the tort of trespass to land. It defines trespass to land as entry onto another's property without permission. Trespass can occur through direct entry, placing objects on the land, or allowing animals to enter. The plaintiff must prove possession of the land and interference with that possession to win a trespass case. Available remedies include injunctions and damages. Defenses include licenses, necessity, and authority of law. If a lawful entry later involves wrongful acts, the trespasser may be liable from the beginning in the doctrine of trespass ab initio.
NJ Jurisprudence - Corporate PersonalityNemil Shah
This document discusses the concept of corporate personality in jurisprudence. It defines a corporation as an artificial person in law that can have rights and duties and hold property. There are three conditions for a corporation: a group of people associated for a purpose, organs through which it functions, and a legal will attributed to it. There are two types of corporations - aggregate and sole. The corporate veil can be lifted in cases of fraud, improper conduct, tax evasion, or activities against public policy to determine the true character behind the legal entity. A corporation sole represents a public office held by successive individuals where the legal personality continues between holders.
This document summarizes Islamic law on the topic of torts. It discusses several key torts such as trespass, slander and libel, assault and battery, and negligence. For each tort, it provides relevant quotes from the Quran and Hadith to explain how Islamic law approaches that particular tort. It also discusses differences between English and Islamic tort law, as well as concepts like vicarious liability. The conclusion emphasizes that Islamic jurists relied on the same sources as general Islamic law when dealing with torts, and that Islamic law aims to balance harmony and non-interference with others.
The Privy Council originated in Norman England as an advisory body to the King consisting of his personal advisors. Over time it evolved and split into different bodies that dealt with executive and judicial matters. The modern Privy Council was established in the 16th century as an advisory body to the King on state affairs. It later took on a judicial role, hearing appeals from courts in British colonies and eventually from courts in British India starting in the 18th century. The right of appeal to the Privy Council from Indian courts continued into the 20th century until it was abolished in 1949 with the passage of the Abolition of Privy Council Jurisdiction Act in independent India.
This document discusses the law around private defence in criminal cases under Indian law. It makes several key points:
1) Private defence is a defensive right that can only be claimed when circumstances clearly justify it for self-defence purposes, not as an excuse for aggressive or retributive acts.
2) There is no right of private defence against acts of public servants acting in good faith while discharging their legal duties.
3) The right of private defence commences when there is a reasonable apprehension of danger to oneself or another and lasts only as long as the threat remains. It must not involve more force than necessary to defend.
4) Private defence can legally extend to causing death in self
Rudolf Von Ihering was a German jurist known as the 'father of modern sociological jurisprudence'. He originally belonged to the historical school of jurisprudence but became convinced the origin of law lies in sociological factors after writing about Roman law. Ihering viewed law as a means to an end, with the end being furthering and protecting the interests of society. He stressed balancing individual, state, and social interests, with social interests taking priority. Law serves to reconcile selfish and unselfish purposes through principles like reward, coercion, duty, and love.
1) The document discusses various defenses that can be used in tort law to avoid liability, including volenti non fit injuria, plaintiff as the wrongdoer, inevitable accident, act of God, private defense/self-defense, mistake, necessity, and statutory authority.
2) It provides examples and case law illustrations for each defense. For inevitable accident, it discusses situations involving unexpected medical emergencies of drivers that resulted in car accidents.
3) For act of God, it notes this defense applies when damage is caused solely by natural forces like floods, storms, or earthquakes without any human involvement. It cites a case where a dam break was ruled not an act of God due to evidence of negligent
Law of Duress in Malaysia and United KingdomASMAH CHE WAN
This document discusses the defense of duress in criminal law in Malaysia, the UK, and Singapore. It begins by defining duress as a defense that excuses criminal liability if the accused committed a crime due to threats that reasonably caused fear of instant death. It then examines the key elements of duress according to Malaysian law, including that the threat must be directed at the accused, involve fear of instant death, and require the physical presence of the coercer. The document also analyzes relevant case law and compares how duress is treated in common law versus under the Malaysian Penal Code.
The document discusses the concept of title in legal rights. It defines title as the source from which a legal right is derived. There are different types of titles - original titles that create new rights, and derivative titles that transfer existing rights. Facts establishing title can be vesting (creation of rights), investive (transfer of rights), or divestitive (extinction of rights). The document examines different views on what constitutes a title from various legal scholars and compares acts that require unilateral versus bilateral consent to establish rights.
This document discusses the tort of trespass to immovable property under Indian law. It defines trespass and outlines the essential elements to constitute trespass to land, including unlawful entry, remaining on land, or placing things on the land without justification. It discusses different types of trespass like aerial trespass, continuing trespass, and trespass by joint owners or animals. Finally, it covers available remedies for plaintiffs and defenses available to defendants in trespass cases.
types of legal rights under jurisprudenceAmulya Nigam
This document discusses different types of legal rights. It defines legal rights and their essential elements. It then describes and provides examples of various classifications of legal rights, including:
- Perfect and imperfect rights
- Positive and negative rights
- Real and personal rights
- Rights in rem and rights in personam
- Proprietary and personal rights
- Inheritable and uninheritable rights
- Principal and accessory rights
- Legal and equitable rights
- Primary and secondary rights
- Public and private rights
- Vested and contingent rights
- Municipal and international rights
- Ordinary and fundamental rights
- Rights at rest and rights in motion
- Jus ad rem
Executive Magistrates are appointed by state governments and have administrative and executive powers under criminal law, in contrast to judicial magistrates who are part of the judiciary. Some key powers of executive magistrates include issuing search warrants, preventing public nuisances, dispersing unlawful assemblies, holding inquests of unnatural deaths, and taking security from arrested persons for their attendance in court. They are subordinate to district and sub-divisional magistrates and do not directly exercise arrest powers but through the police.
The document discusses the writ of habeas corpus, which allows a court to order a person in custody to be brought before the court to determine if the detention is lawful. It provides that habeas corpus is a remedy for anyone detained unlawfully. The detaining authority must justify the reasons for detention, and if the court finds the detention is not in accordance with law, the detainee must be released. The document outlines when a writ of habeas corpus can be granted, including if the detention is substantively or procedurally unlawful, or if the purpose of the detention is abusive or in bad faith. It argues that habeas corpus provides a vital safeguard against any unlawful deprivation of personal liberty.
1. The document discusses abatement of legacies under Islamic law, specifically comparing the rules under Sunni and Shia schools of thought.
2. Under Sunni law, if a bequest exceeds one-third of the estate, the excess is invalid and the shares of all legatees are reduced proportionately. Under Shia law, legatees named earlier in the will receive their shares first until the one-third is exhausted, with later named legatees receiving nothing.
3. Bequests for pious purposes up to one-third of the estate are generally valid under both schools, with some ordering of which purposes take precedence.
The document discusses the principles of similar fact evidence in Malaysian law. It begins by explaining similar fact evidence and its exceptions under sections 11(b), 14 and 15 of the Evidence Act 1950. It then summarizes several important court cases that shaped the application of similar fact evidence, including Makin v AG for New South Wales, which established the general rule that previous misconduct cannot be used to prove guilt, and the Boardman case, which reformulated the Makin rule. The document analyzes how Malaysian courts have applied the Makin approach to determine whether similar fact evidence is relevant and if its probative value outweighs unfair prejudice.
There are key differences between an appeal and a revision under the law. An appeal is a right created by law that allows parties to challenge a judgment or final order in a higher court and raise questions of law and fact. A revision is a duty imposed on courts where a superior court can examine the proceedings of a subordinate court on a question of law. While multiple appeals are possible, only one revision can be filed. An appeal requires a memorandum to be submitted by the appellant, while a revision can be initiated by the court itself.
Hans Kelsen was an Austrian jurist who developed the "pure theory of law" in the 20th century. He viewed legal science as a pyramid of norms with a basic norm (Grundnorm) at the apex, and subordinate norms controlled by norms above them. Kelsen's theory aimed to reduce confusion caused by natural law theory by treating law as a normative science rather than a natural science. However, critics argue that Kelsen's theory lacks sociological foundation and practical applicability, and provides no solution for conflicts arising from ideological differences.
False Imprisonment and Malicious Prosecution.pptShreyas243008
This document discusses the laws around false imprisonment and malicious prosecution in India. It provides definitions and essential elements for both torts.
For false imprisonment, the key elements are complete deprivation of liberty, knowledge of the restraint by the plaintiff, and the detention being unlawful. Examples of cases are provided to illustrate these elements.
For malicious prosecution, the essential elements are prosecution by the defendant, termination of proceedings in plaintiff's favor, prosecution starting without reasonable cause, prosecution initiated with malice, and plaintiff suffering damages. Again, case examples are used to demonstrate how courts have applied these elements.
Finally, the document distinguishes between false imprisonment and malicious prosecution by comparing their key differences, such as false imprisonment involving direct restraint
The document discusses the legal maxim that "for every wrong there is a remedy." It states that when a person's rights are violated, they are entitled to equitable remedies under the law to enforce their rights. Some examples of remedies discussed include damages awards, injunctions, declaratory judgments, and compensation. The document provides several cases as examples where a plaintiff's rights were violated and they received a legal remedy such as damages.
This document summarizes a case discussing the legal maxim of "damnum sine injuria". It discusses the Town Area Committee v. Prabhu Dayal case, where the plaintiff claimed damages from the defendant Town Area Committee for illegally demolishing shops he had constructed. The court found that while the plaintiff suffered monetary loss from the demolition, his legal rights were not violated as he had constructed the shops without the proper notices and approvals required by law. As no legal injury occurred, the maxim of "damnum sine injuria" applied and the plaintiff's claim was dismissed.
Judicial review a power point presentation (1)awasalam
This document provides an overview of writs and judicial review in Sri Lanka. It begins by defining writs as forms of command issued by courts, and lists the main prerogative writs: certiorari, prohibition, mandamus, quo warranto, and habeas corpus. It then discusses the nature and historical development of these prerogative remedies. The document outlines key cases related to writ jurisdiction and judicial review in Sri Lanka. It concludes by explaining the common grounds for judicial review via writ of certiorari: lack of jurisdiction, violating natural justice, errors on the face of the record, and unreasonableness.
Kerajaan Negeri Selangor v Sagong Tasi & Ors [2005] 6 MLJ 289surrenderyourthrone
The Court of Appeal dismissed the defendants' appeal in a case involving the acquisition of indigenous lands by the Selangor state government. The key holdings were:
1) The plaintiffs, as members of the Temuan tribe, held customary communal title over the lands in question based on their traditional occupation and use. This was a question of fact supported by evidence.
2) The Aborigines Peoples Act 1954, which aims to protect indigenous rights, must be interpreted broadly in favor of indigenous peoples. It recognizes the plaintiffs' customary communal title.
3) The acquisition of the lands amounted to compulsory acquisition requiring adequate compensation under the Federal Constitution. The relevant section of the 1954 Act must be read to provide
Standing in tort law and consumer protection law is subject to certain restrictions based on a person's status. Traditionally, only those who suffered a specific legal injury had standing to sue. However, the law has liberalized to allow public interest litigation where there is injury to public interest. Now, any person with sufficient interest can file a lawsuit to prevent a public wrong or remedy a public injury.
This document discusses UK health and safety law, including the Corporate Manslaughter and Corporate Homicide Act 2007. It provides an overview of employers' legal duties to assess and control risks to employees under health and safety law. It also outlines penalties for noncompliance, such as fines and imprisonment. Two case studies are presented: one where a scrap metal company and director received fines and a prison sentence after an employee died in an explosion, and another where two men were sentenced to prison terms between two to nine years after four railway workers were killed by a runaway trailer. The document concludes by hypothetically considering options if a health and safety consultancy firm was found guilty under the corporate killing legislation.
Identifying principal aims of the Corporate Manslaughter and Corporate Homicide Act 2007. Assessing its success and discussing some major cases.
All information provided cover events before 20th Jan 2016.
1) The document discusses various defenses that can be used in tort law to avoid liability, including volenti non fit injuria, plaintiff as the wrongdoer, inevitable accident, act of God, private defense/self-defense, mistake, necessity, and statutory authority.
2) It provides examples and case law illustrations for each defense. For inevitable accident, it discusses situations involving unexpected medical emergencies of drivers that resulted in car accidents.
3) For act of God, it notes this defense applies when damage is caused solely by natural forces like floods, storms, or earthquakes without any human involvement. It cites a case where a dam break was ruled not an act of God due to evidence of negligent
Law of Duress in Malaysia and United KingdomASMAH CHE WAN
This document discusses the defense of duress in criminal law in Malaysia, the UK, and Singapore. It begins by defining duress as a defense that excuses criminal liability if the accused committed a crime due to threats that reasonably caused fear of instant death. It then examines the key elements of duress according to Malaysian law, including that the threat must be directed at the accused, involve fear of instant death, and require the physical presence of the coercer. The document also analyzes relevant case law and compares how duress is treated in common law versus under the Malaysian Penal Code.
The document discusses the concept of title in legal rights. It defines title as the source from which a legal right is derived. There are different types of titles - original titles that create new rights, and derivative titles that transfer existing rights. Facts establishing title can be vesting (creation of rights), investive (transfer of rights), or divestitive (extinction of rights). The document examines different views on what constitutes a title from various legal scholars and compares acts that require unilateral versus bilateral consent to establish rights.
This document discusses the tort of trespass to immovable property under Indian law. It defines trespass and outlines the essential elements to constitute trespass to land, including unlawful entry, remaining on land, or placing things on the land without justification. It discusses different types of trespass like aerial trespass, continuing trespass, and trespass by joint owners or animals. Finally, it covers available remedies for plaintiffs and defenses available to defendants in trespass cases.
types of legal rights under jurisprudenceAmulya Nigam
This document discusses different types of legal rights. It defines legal rights and their essential elements. It then describes and provides examples of various classifications of legal rights, including:
- Perfect and imperfect rights
- Positive and negative rights
- Real and personal rights
- Rights in rem and rights in personam
- Proprietary and personal rights
- Inheritable and uninheritable rights
- Principal and accessory rights
- Legal and equitable rights
- Primary and secondary rights
- Public and private rights
- Vested and contingent rights
- Municipal and international rights
- Ordinary and fundamental rights
- Rights at rest and rights in motion
- Jus ad rem
Executive Magistrates are appointed by state governments and have administrative and executive powers under criminal law, in contrast to judicial magistrates who are part of the judiciary. Some key powers of executive magistrates include issuing search warrants, preventing public nuisances, dispersing unlawful assemblies, holding inquests of unnatural deaths, and taking security from arrested persons for their attendance in court. They are subordinate to district and sub-divisional magistrates and do not directly exercise arrest powers but through the police.
The document discusses the writ of habeas corpus, which allows a court to order a person in custody to be brought before the court to determine if the detention is lawful. It provides that habeas corpus is a remedy for anyone detained unlawfully. The detaining authority must justify the reasons for detention, and if the court finds the detention is not in accordance with law, the detainee must be released. The document outlines when a writ of habeas corpus can be granted, including if the detention is substantively or procedurally unlawful, or if the purpose of the detention is abusive or in bad faith. It argues that habeas corpus provides a vital safeguard against any unlawful deprivation of personal liberty.
1. The document discusses abatement of legacies under Islamic law, specifically comparing the rules under Sunni and Shia schools of thought.
2. Under Sunni law, if a bequest exceeds one-third of the estate, the excess is invalid and the shares of all legatees are reduced proportionately. Under Shia law, legatees named earlier in the will receive their shares first until the one-third is exhausted, with later named legatees receiving nothing.
3. Bequests for pious purposes up to one-third of the estate are generally valid under both schools, with some ordering of which purposes take precedence.
The document discusses the principles of similar fact evidence in Malaysian law. It begins by explaining similar fact evidence and its exceptions under sections 11(b), 14 and 15 of the Evidence Act 1950. It then summarizes several important court cases that shaped the application of similar fact evidence, including Makin v AG for New South Wales, which established the general rule that previous misconduct cannot be used to prove guilt, and the Boardman case, which reformulated the Makin rule. The document analyzes how Malaysian courts have applied the Makin approach to determine whether similar fact evidence is relevant and if its probative value outweighs unfair prejudice.
There are key differences between an appeal and a revision under the law. An appeal is a right created by law that allows parties to challenge a judgment or final order in a higher court and raise questions of law and fact. A revision is a duty imposed on courts where a superior court can examine the proceedings of a subordinate court on a question of law. While multiple appeals are possible, only one revision can be filed. An appeal requires a memorandum to be submitted by the appellant, while a revision can be initiated by the court itself.
Hans Kelsen was an Austrian jurist who developed the "pure theory of law" in the 20th century. He viewed legal science as a pyramid of norms with a basic norm (Grundnorm) at the apex, and subordinate norms controlled by norms above them. Kelsen's theory aimed to reduce confusion caused by natural law theory by treating law as a normative science rather than a natural science. However, critics argue that Kelsen's theory lacks sociological foundation and practical applicability, and provides no solution for conflicts arising from ideological differences.
False Imprisonment and Malicious Prosecution.pptShreyas243008
This document discusses the laws around false imprisonment and malicious prosecution in India. It provides definitions and essential elements for both torts.
For false imprisonment, the key elements are complete deprivation of liberty, knowledge of the restraint by the plaintiff, and the detention being unlawful. Examples of cases are provided to illustrate these elements.
For malicious prosecution, the essential elements are prosecution by the defendant, termination of proceedings in plaintiff's favor, prosecution starting without reasonable cause, prosecution initiated with malice, and plaintiff suffering damages. Again, case examples are used to demonstrate how courts have applied these elements.
Finally, the document distinguishes between false imprisonment and malicious prosecution by comparing their key differences, such as false imprisonment involving direct restraint
The document discusses the legal maxim that "for every wrong there is a remedy." It states that when a person's rights are violated, they are entitled to equitable remedies under the law to enforce their rights. Some examples of remedies discussed include damages awards, injunctions, declaratory judgments, and compensation. The document provides several cases as examples where a plaintiff's rights were violated and they received a legal remedy such as damages.
This document summarizes a case discussing the legal maxim of "damnum sine injuria". It discusses the Town Area Committee v. Prabhu Dayal case, where the plaintiff claimed damages from the defendant Town Area Committee for illegally demolishing shops he had constructed. The court found that while the plaintiff suffered monetary loss from the demolition, his legal rights were not violated as he had constructed the shops without the proper notices and approvals required by law. As no legal injury occurred, the maxim of "damnum sine injuria" applied and the plaintiff's claim was dismissed.
Judicial review a power point presentation (1)awasalam
This document provides an overview of writs and judicial review in Sri Lanka. It begins by defining writs as forms of command issued by courts, and lists the main prerogative writs: certiorari, prohibition, mandamus, quo warranto, and habeas corpus. It then discusses the nature and historical development of these prerogative remedies. The document outlines key cases related to writ jurisdiction and judicial review in Sri Lanka. It concludes by explaining the common grounds for judicial review via writ of certiorari: lack of jurisdiction, violating natural justice, errors on the face of the record, and unreasonableness.
Kerajaan Negeri Selangor v Sagong Tasi & Ors [2005] 6 MLJ 289surrenderyourthrone
The Court of Appeal dismissed the defendants' appeal in a case involving the acquisition of indigenous lands by the Selangor state government. The key holdings were:
1) The plaintiffs, as members of the Temuan tribe, held customary communal title over the lands in question based on their traditional occupation and use. This was a question of fact supported by evidence.
2) The Aborigines Peoples Act 1954, which aims to protect indigenous rights, must be interpreted broadly in favor of indigenous peoples. It recognizes the plaintiffs' customary communal title.
3) The acquisition of the lands amounted to compulsory acquisition requiring adequate compensation under the Federal Constitution. The relevant section of the 1954 Act must be read to provide
Standing in tort law and consumer protection law is subject to certain restrictions based on a person's status. Traditionally, only those who suffered a specific legal injury had standing to sue. However, the law has liberalized to allow public interest litigation where there is injury to public interest. Now, any person with sufficient interest can file a lawsuit to prevent a public wrong or remedy a public injury.
This document discusses UK health and safety law, including the Corporate Manslaughter and Corporate Homicide Act 2007. It provides an overview of employers' legal duties to assess and control risks to employees under health and safety law. It also outlines penalties for noncompliance, such as fines and imprisonment. Two case studies are presented: one where a scrap metal company and director received fines and a prison sentence after an employee died in an explosion, and another where two men were sentenced to prison terms between two to nine years after four railway workers were killed by a runaway trailer. The document concludes by hypothetically considering options if a health and safety consultancy firm was found guilty under the corporate killing legislation.
Identifying principal aims of the Corporate Manslaughter and Corporate Homicide Act 2007. Assessing its success and discussing some major cases.
All information provided cover events before 20th Jan 2016.
Avoiding Harm's Way: Case Studies in Professional LiabilityEDR
This document summarizes three case studies related to professional liability in environmental consulting.
Case Study 1 describes a situation where a consultant failed to discover a glass recycling facility was under investigation by state regulators for piles of glass. This led to legal issues for both the buyer and seller of the property.
Case Study 2 involves a consultant who was hired to interpret an existing environmental assessment but did not conduct a full assessment. This failed to uncover the property's history as a World War 2 bombing range.
Case Study 3 centers on a landfill where a spill was not reported internally but was discovered by local police during repeated visits. This led to a criminal investigation and grand jury proceedings against the landfill operators.
This document outlines 7 rules for information security: 1) Always follow information security policies and respect privacy laws; 2) Handle information carefully and securely store and dispose of documents; 3) Keep passwords and PINs secret, change them regularly, and do not share them; 4) Verify identities when sharing information; 5) Use email and the internet carefully and do not open strange attachments or download illegal materials; 6) Pay attention to physical security of equipment and question strangers; 7) Report security incidents like viruses, thefts or losses.
The document discusses electrostatic discharge and its risks. It explains that a static charge builds up from certain materials rubbing together, like clothes or one item against another. This charge can damage electronic components through sparks or discharges. Anyone working with electronics must wear a wristband and use a grounded mat to safely dissipate any static charge and prevent damage.
The document discusses the key components of an Environment, Health and Safety (EHS) management system based on ISO 14001 standards. It covers developing an EHS policy, planning objectives and processes, implementation through training and documentation, monitoring performance, conducting audits and reviews, and continually improving the system. The overall goal is to prevent risks, comply with regulations, and promote a strong safety culture.
This document outlines the university's injury and illness prevention program (IIPP), which is mandated by law to protect employees, students, and the public. It describes the 6 required elements of the IIPP including accountability, methods for reporting unsafe conditions, training, inspections, and a safety committee. It also reviews the responsibilities of faculty and supervisors to identify and address safety issues, as well as policies and services provided by the Risk Management and Safety department.
This document outlines 7 rules for information security: 1) Always follow information security policies and respect privacy laws; 2) Handle information carefully and securely store and dispose of documents; 3) Keep passwords and PINs secret, change them regularly, and do not share them; 4) Verify identities when sharing information; 5) Use email and the internet carefully and do not open strange emails or attachments; 6) Pay attention to physical security of equipment and question strangers; 7) Report security incidents like viruses, thefts, or losses.
Lone working presents risks that require planning and precautions. Key risks include emergencies where another person is needed for assistance or tasks. When working alone, one should check that the tasks, location, equipment and their own condition are safe. A communication plan for emergencies is essential, such as informing others of one's schedule and location. Taking time for safety considerations like PAUSE can help identify risks before starting tasks alone.
This document provides guidance on manual handling awareness and physical care. It discusses risks associated with falling objects, lifting, carrying, pushing, and pulling loads. It emphasizes proper techniques like keeping the back straight, lifting with legs, getting close to loads, and using mechanical aids when possible. The document also covers causes of back pain and what to do if one experiences pain. Overall, it stresses taking precautions and planning tasks to prevent injuries from manual labor.
The document discusses electrostatic discharge and its risks. It explains that a static charge builds up from certain materials rubbing together, like clothes or one item against another. This charge can damage electronic components through sparks or discharges. Anyone working with electronics must wear a wristband and use a grounded mat to safely dissipate any static charge and prevent damage.
This document provides guidance on accident reporting and investigation for a company. It defines an accident as an unplanned event that causes injury, death, or property damage. Near misses should also be investigated. The process for investigating accidents is outlined, including securing the scene, collecting witness statements immediately, interviewing those who saw what happened, and completing an investigation report form. The investigation aims to determine what happened, why, and how to prevent reoccurrences by reviewing risk assessments and procedures. Actions must be assigned and monitored to ensure effectiveness. Lessons learned will be discussed at safety meetings.
This document lists various scaffolding components including sole plates, base plates, standard transoms, ledgers, braces, planks, toe boards, guard rails, ties, eye bolts, and couplers. It specifies minimum dimensions for deck areas, toe boards, and guard rail gaps. The components listed are used to construct independent tied scaffolding.
This document provides an overview of human factors and ergonomics, defining them as related but distinct fields concerned with the interaction between humans and the work environment. Ergonomics aims to design objects and systems around human capabilities and limitations, while human factors examines environmental, organizational and job factors that can influence worker behavior and safety. Both fields recognize that up to 80% of accidents are attributable to human factors issues, and a systems approach is needed to understand and prevent human failures by addressing management and organizational root causes.
The document discusses construction site safety. It states that on average every 4 days in the UK someone dies on a construction site and hundreds more are injured. It outlines the legal duties of employees and employers to ensure health and safety. Key aspects of staying safe that are discussed include wearing PPE, following site rules and inductions, conducting risk assessments, safe access and egress, and ensuring any training required before operating equipment.
This document outlines a 7-stage behavioural safety program. It discusses establishing management and workforce buy-in, selecting a driving team, training observers, identifying critical safety behaviors, establishing a baseline, and implementing an observation and feedback process to continually monitor and improve safety culture. The goal of a behavioural safety program is to modify worker behaviors to improve safety performance and culture through positive reinforcement.
This document provides information about asbestos, including the three main types, associated diseases, typical uses in buildings, and safety procedures. It will teach students to identify asbestos, the health risks from exposure, and how to avoid those risks. The key topics covered are the properties and typical applications of asbestos, asbestos-related diseases like mesothelioma and their long latency periods, and regulations regarding asbestos identification, management and removal.
The document discusses forklift operation safety. It begins by describing how a forklift operates and some of its key components. It then discusses potential hazards of forklift operation, including workplace hazards, load hazards, and pedestrians. The document provides guidance on safely operating forklifts, such as only allowing trained operators, controlling forklift speed, ensuring stability of loads, and using caution around other workers. It emphasizes the importance of forklift inspections and maintenance to identify any issues.
This document provides guidance on conducting a site induction for a construction project. The induction outlines important health and safety information for site personnel, including introductions and contact details for site managers, welfare facilities, first aid and emergency procedures, accident reporting requirements, daily hazards, PPE requirements, and rules regarding housekeeping, handling equipment, and high-risk activities that may require permits. The purpose is to ensure all personnel are aware of safety protocols and have the necessary information to work safely on site.
The document provides tips for workers to prevent heat stress such as drinking water, taking breaks in cool areas, monitoring urine color, and reporting any issues to supervisors. It describes symptoms of heat cramps, heat exhaustion, and heat stroke and emphasizes that heat stroke is a medical emergency requiring immediate treatment and cooling of the body. Risk factors for heat stress are discussed including age, weight, fitness level, and recent illness; responsibilities of workers and supervisors are also outlined.
Criminal law deals with offenses against society and aims to punish offenders through fines or imprisonment. It has a high burden of proof of "beyond reasonable doubt". Civil law deals with individuals' rights and duties toward each other, and violations of these duties constitute torts. Civil cases have a lower burden of proof of "balance of probabilities" and seek to remedy wrongs through compensation. Common law comprises established customs and precedents set in past court rulings, while statute law consists of legislation passed by Parliament.
The document contains multiple safety messages and reminders about thinking safety. It emphasizes planning escape routes, wearing protective equipment like ear defenders, reporting faulty equipment, completing risk assessments, using correct lifting techniques, and reporting any potential hazards. It encourages thinking about safety and not overlooking risks that could lead to accidents or loss of life.
This document discusses electrical safety and provides information on basic electrical principles including electricity, electric current, potential difference, conductors, resistance, and Ohm's law. It also covers safe working practices with electricity such as lock out procedures, personal protective equipment, and portable electrical equipment maintenance. Key risks from electricity like electric shock and electrical fires are explained. The document emphasizes isolating electrical sources, inspecting equipment, and using proper safety procedures to prevent accidents.
This document provides an overview of an organization's health and safety management system. It discusses key components such as risk assessments, identifying hazards, training staff on safety procedures, monitoring safety performance, and continually reviewing and improving the system. The overall goal is to prevent accidents and protect the health of employees through planning, implementing, checking and improving the safety program.
This document provides an overview of OSHA's powered industrial truck operator training requirements. It defines powered industrial trucks and outlines the scope of OSHA's standard. It describes the reasons for developing new, more specific training requirements including the number of injuries and fatalities caused by powered industrial trucks annually. The document summarizes the key elements of the new training standard including required training topics, refresher training, certification of operators, and an effective training program. It also provides examples of common types of powered industrial trucks.
The document discusses forklift safety and provides guidance on proper forklift operation. It covers the forklift stability triangle and center of gravity, load capacities, safely lifting and moving loads, personnel safety, travelling on inclines, loading trucks, factors contributing to accidents, and performing a forklift circle check. Maintaining forklift stability and paying attention to load capacities and weights are emphasized as important safety practices.
The document provides safety guidelines for operating a forklift. Key guidelines include: do not operate a forklift under the influence of alcohol or drugs; drive with forks 15 cm from the ground and tilted back; when unloaded drive up or down slopes with forks pointing to the lowest part, when loaded point forks to the highest part; never park on a slope; blow the horn in dangerous places and never allow anyone under a lifted load; drive slowly and avoid hard braking or sudden turns, especially on slopes; never lift a load on a slope or tilt a lifted load forward; and never transport passengers or drive over hoses or power leads.
The document summarizes the key regulations for safely using work equipment as outlined in the Provision and Use of Work Equipment Regulations 1998. It defines work equipment and duties of employers, including ensuring equipment is suitable, well-maintained, and that workers receive adequate training. Specific requirements address hazards from dangerous parts of machinery through guards and safety devices. The regulations establish a hierarchy of controls to prevent exposure to risks from work equipment.
This document provides guidelines for proper ergonomics when working at a display screen. Key recommendations include adjusting the chair so the back is supported and arms are horizontal, positioning the screen at arm's length and below eye level, and taking short breaks to exercise every hour. Proper posture and lighting are also emphasized to avoid pain and injuries from prolonged screen use.
Lone working presents risks that require planning and precautions. It is defined as working without close supervision, and includes those in fixed workplaces alone, mobile workers, and people working outside normal hours. Risks include tasks requiring more than one person, emergencies where assistance is needed, and potential assaults from clients. However, lone working can also have benefits like fewer distractions. Safety involves assessing the person, location, tasks, tools, and foreseeable problems to ensure all aspects are suitable to do alone. Precautions include telling someone your plans and contact details in case of an emergency.
The document summarizes findings from a California EPA report on the relationship between secondhand smoke exposure and breast cancer risk. The report found that 13 of 14 studies showed elevated breast cancer risks among younger/premenopausal women exposed to secondhand smoke, with a pooled risk estimate of 1.68. Utilizing unexposed referents in studies raised risk estimates. The evidence for breast cancer in younger women was deemed stronger than evidence for lung cancer and secondhand smoke in 1986. The report implications could mean up to 30% of breast cancers in younger women exposed occupationally as waitresses.
Joyce M Sullivan, Founder & CEO of SocMediaFin, Inc. shares her "Five Questions - The Story of You", "Reflections - What Matters to You?" and "The Three Circle Exercise" to guide those evaluating what their next move may be in their careers.
Leadership Ambassador club Adventist modulekakomaeric00
Aims to equip people who aspire to become leaders with good qualities,and with Christian values and morals as per Biblical teachings.The you who aspire to be leaders should first read and understand what the ambassador module for leadership says about leadership and marry that to what the bible says.Christians sh
A Guide to a Winning Interview June 2024Bruce Bennett
This webinar is an in-depth review of the interview process. Preparation is a key element to acing an interview. Learn the best approaches from the initial phone screen to the face-to-face meeting with the hiring manager. You will hear great answers to several standard questions, including the dreaded “Tell Me About Yourself”.
We recently hosted the much-anticipated Community Skill Builders Workshop during our June online meeting. This event was a culmination of six months of listening to your feedback and crafting solutions to better support your PMI journey. Here’s a look back at what happened and the exciting developments that emerged from our collaborative efforts.
A Gathering of Minds
We were thrilled to see a diverse group of attendees, including local certified PMI trainers and both new and experienced members eager to contribute their perspectives. The workshop was structured into three dynamic discussion sessions, each led by our dedicated membership advocates.
Key Takeaways and Future Directions
The insights and feedback gathered from these discussions were invaluable. Here are some of the key takeaways and the steps we are taking to address them:
• Enhanced Resource Accessibility: We are working on a new, user-friendly resource page that will make it easier for members to access training materials and real-world application guides.
• Structured Mentorship Program: Plans are underway to launch a mentorship program that will connect members with experienced professionals for guidance and support.
• Increased Networking Opportunities: Expect to see more frequent and varied networking events, both virtual and in-person, to help you build connections and foster a sense of community.
Moving Forward
We are committed to turning your feedback into actionable solutions that enhance your PMI journey. This workshop was just the beginning. By actively participating and sharing your experiences, you have helped shape the future of our Chapter’s offerings.
Thank you to everyone who attended and contributed to the success of the Community Skill Builders Workshop. Your engagement and enthusiasm are what make our Chapter strong and vibrant. Stay tuned for updates on the new initiatives and opportunities to get involved. Together, we are building a community that supports and empowers each other on our PMI journeys.
Stay connected, stay engaged, and let’s continue to grow together!
About PMI Silver Spring Chapter
We are a branch of the Project Management Institute. We offer a platform for project management professionals in Silver Spring, MD, and the DC/Baltimore metro area. Monthly meetings facilitate networking, knowledge sharing, and professional development. For more, visit pmissc.org.
Success is often not achievable without facing and overcoming obstacles along the way. To reach our goals and achieve success, it is important to understand and resolve the obstacles that come in our way.
In this article, we will discuss the various obstacles that hinder success, strategies to overcome them, and examples of individuals who have successfully surmounted their obstacles.
Learnings from Successful Jobs SearchersBruce Bennett
Are you interested to know what actions help in a job search? This webinar is the summary of several individuals who discussed their job search journey for others to follow. You will learn there are common actions that helped them succeed in their quest for gainful employment.
In the intricate tapestry of life, connections serve as the vibrant threads that weave together opportunities, experiences, and growth. Whether in personal or professional spheres, the ability to forge meaningful connections opens doors to a multitude of possibilities, propelling individuals toward success and fulfillment.
Eirini is an HR professional with strong passion for technology and semiconductors industry in particular. She started her career as a software recruiter in 2012, and developed an interest for business development, talent enablement and innovation which later got her setting up the concept of Software Community Management in ASML, and to Developer Relations today. She holds a bachelor degree in Lifelong Learning and an MBA specialised in Strategic Human Resources Management. She is a world citizen, having grown up in Greece, she studied and kickstarted her career in The Netherlands and can currently be found in Santa Clara, CA.
1. Case Law ExamplesCase Law Examples
NEBOSH Diploma Study GuideNEBOSH Diploma Study Guide
Complied by Berni Carey Oct 2009Complied by Berni Carey Oct 2009
Disclaimer – This is my personal list, you may wish toDisclaimer – This is my personal list, you may wish to
come up with others. I do not claim this to be the onlycome up with others. I do not claim this to be the only
case law examples needed whilst studying thecase law examples needed whilst studying the
diploma.diploma.
2. ““Absolute Duty”Absolute Duty”
Summers (John) & Sons v Frost (1955)Summers (John) & Sons v Frost (1955)
Frost injured his thumb on a grinding wheelFrost injured his thumb on a grinding wheel
Court held that Factories Act required ‘allCourt held that Factories Act required ‘all
dangerous part to be fenced’ – therefore andangerous part to be fenced’ – therefore an
absolute dutyabsolute duty to guard all parts, even if doingto guard all parts, even if doing
so prevented the machine being used.so prevented the machine being used.
3. ““Practicable”Practicable”
Adsett v K and L Steelfounders andAdsett v K and L Steelfounders and
Engineers (1953)Engineers (1953)
Practicability is that of current knowledge andPracticability is that of current knowledge and
invention – once something is found to beinvention – once something is found to be
practicable it is feasible and must be donepracticable it is feasible and must be done
irrespective of cost or inconvenience.irrespective of cost or inconvenience.
4. ““Reasonably Practicable”Reasonably Practicable”
Edwards v National Coal Board (1949)Edwards v National Coal Board (1949)
Edwards was killed in a coal mine rock fall.Edwards was killed in a coal mine rock fall.
The case established that ‘reasonablyThe case established that ‘reasonably
practicable’ allowed a risk assessment of thepracticable’ allowed a risk assessment of the
benefit v the costs (time, trouble or money).benefit v the costs (time, trouble or money).
5. ‘‘Practicable’ or ‘Reasonably So’Practicable’ or ‘Reasonably So’
Marshall v Gotham & Co.Marshall v Gotham & Co.
Marshall was killed when the mine roof fell in.Marshall was killed when the mine roof fell in.
It would have been ‘practicable’ to shore upIt would have been ‘practicable’ to shore up
the entire roof system, but not ‘reasonably so’,the entire roof system, but not ‘reasonably so’,
given that it was not known there was a faultgiven that it was not known there was a fault
there. To have shorn up the entire roof of thethere. To have shorn up the entire roof of the
mine ‘just in case’ would not have beenmine ‘just in case’ would not have been
reasonable in the circumstances.reasonable in the circumstances.
6. Helpers' liability in tortHelpers' liability in tort
Baker v. T E Hopkins & Son Ltd (1959)Baker v. T E Hopkins & Son Ltd (1959)
A doctor died whilst attempting to give aid to 2A doctor died whilst attempting to give aid to 2
workers (who also died).workers (who also died).
The defendants were liable in respect of the death ofThe defendants were liable in respect of the death of
the employees and also of the doctor: it was a naturalthe employees and also of the doctor: it was a natural
and probable consequence of the defendants'and probable consequence of the defendants'
negligence towards the employees that someonenegligence towards the employees that someone
would attempt to rescue them; the defences of novuswould attempt to rescue them; the defences of novus
actus interveniens (‘new act intervening’) and volentiactus interveniens (‘new act intervening’) and volenti
non fit injuria (‘to a willing person, no injury is done’)non fit injuria (‘to a willing person, no injury is done’)
could not be successfully relied upon against thecould not be successfully relied upon against the
doctor's dependants .doctor's dependants .
7. Duty to trespassersDuty to trespassers
British Railways Board v Herrington (1971)British Railways Board v Herrington (1971)
Child was injured on the lines after getting through aChild was injured on the lines after getting through a
broken fence.broken fence.
The House of Lords held that the occupier of theThe House of Lords held that the occupier of the
railway premises owed a duty of common humanity torailway premises owed a duty of common humanity to
the child.the child.
Until this case no duty of care was owed toUntil this case no duty of care was owed to
trespassers.trespassers.
Note - Overruled Addie & Sons v Dumbreck [1929]Note - Overruled Addie & Sons v Dumbreck [1929]
an ‘occupier … only liable to a trespasser… injured…an ‘occupier … only liable to a trespasser… injured…
intentionally or recklessly’.intentionally or recklessly’.
8. Self employed regarded asSelf employed regarded as
‘employees’‘employees’
Ferguson v John Dawson and Partners LtdFerguson v John Dawson and Partners Ltd
(1976)(1976)
Ferguson fell off a roof while removing someFerguson fell off a roof while removing some
scaffolding boards.scaffolding boards.
both parties labelled Ferguson a "self-both parties labelled Ferguson a "self-
employed labour only subcontractor“.employed labour only subcontractor“.
Court heldCourt held the relationship between them wasthe relationship between them was
that of employer and employee.that of employer and employee.
9. Employers duty to maintainEmployers duty to maintain
equipmentequipment
Barkway v Sth Wales Transport Co Ltd (1950)Barkway v Sth Wales Transport Co Ltd (1950)
Man killed in a coach crash due to burst tyre.Man killed in a coach crash due to burst tyre.
Company could show a system for inspecting andCompany could show a system for inspecting and
testing tyres.testing tyres.
However, they did not require drivers to reportHowever, they did not require drivers to report
incidents where tyres could be damaged thus heldincidents where tyres could be damaged thus held
liable for negligence.liable for negligence.
10. Employers duty to maintain workEmployers duty to maintain work
equipmentequipment
Bradford v Robinson Rentals Ltd (1967)Bradford v Robinson Rentals Ltd (1967)
Driver suffered frostbite, driving 400 milesDriver suffered frostbite, driving 400 miles
during a severe cold spell in an unheated vanduring a severe cold spell in an unheated van
with cracked windows.with cracked windows.
Employers held liable for failing to provideEmployers held liable for failing to provide
suitable plant.suitable plant.
11. Liability does not applyLiability does not apply
retrospectively…retrospectively…
Cambridge Water Co v eastern CountiesCambridge Water Co v eastern Counties
Leather plc (1994)Leather plc (1994)
Tannery which had permitted perchloroethane toTannery which had permitted perchloroethane to
percolate into the aquifer.percolate into the aquifer.
House of Lords unanimously found that EasternHouse of Lords unanimously found that Eastern
Counties Leather plc was not liable for the waterCounties Leather plc was not liable for the water
contamination.contamination.
Lords accepted that Eastern Counties Leather wouldLords accepted that Eastern Counties Leather would
not have foreseen that the solvent would leak fromnot have foreseen that the solvent would leak from
the tannery floors down into the water source.the tannery floors down into the water source.
12. Claim of tortClaim of tort
Corn v Weirs Glass (Hanley) Ltd (1960)Corn v Weirs Glass (Hanley) Ltd (1960)
A successful claim of tort of breach of dutyA successful claim of tort of breach of duty
requires the loss to be consequential to therequires the loss to be consequential to the
breach.breach.
A glazier fell from a stairs with no handrail,A glazier fell from a stairs with no handrail,
while holding a sheet of glass with bothwhile holding a sheet of glass with both
hands.hands.
The fall was not consequential to the lack ofThe fall was not consequential to the lack of
hand rail since he could not have held it if ithand rail since he could not have held it if it
were there.were there.
13. Tort – escape of stored materialsTort – escape of stored materials
Rylands v Fletcher (1868)Rylands v Fletcher (1868)
Landmark case.Landmark case.
Rylands built a reservoir.Rylands built a reservoir.
Disused mine workings had been found duringDisused mine workings had been found during
construction but not sealed off.construction but not sealed off.
Led to Fletcher’s mines being flooded.Led to Fletcher’s mines being flooded.
Ruling “Ruling “the person who for his own purposes bringsthe person who for his own purposes brings
on his lands and collects and keeps there anythingon his lands and collects and keeps there anything
likely to do mischief if it escapes, must keep it at hislikely to do mischief if it escapes, must keep it at his
peril...”peril...”
14. Tort - duty of care to vulnerableTort - duty of care to vulnerable
employeesemployees
Paris v Stepney Borough Council (1951)Paris v Stepney Borough Council (1951)
Paris was blind in one eye but he concealedParis was blind in one eye but he concealed
this until examined by a company doctor.this until examined by a company doctor.
Was given 2 weeks notice (1950 remember) –Was given 2 weeks notice (1950 remember) –
2 days before leaving was struck in good eye2 days before leaving was struck in good eye
by piece on metal, blinding him.by piece on metal, blinding him.
On Appeal - Council owed a special duty ofOn Appeal - Council owed a special duty of
care to Paris and had been negligent in failingcare to Paris and had been negligent in failing
to supply him with goggles.to supply him with goggles.
15. Employer liability for latent defectsEmployer liability for latent defects
in tools or equipmentin tools or equipment
Davie v New Merton Board Mills Ltd (1958)Davie v New Merton Board Mills Ltd (1958)
The claimant lost his claim against his employerThe claimant lost his claim against his employer
following an injury from a tool with a hidden defect. Itfollowing an injury from a tool with a hidden defect. It
was held that the employer was not negligent.was held that the employer was not negligent.
Led to theLed to the Employers' Liability (Defective Equipment)Employers' Liability (Defective Equipment)
Act 1969Act 1969. Providing that if an employee is injured in the. Providing that if an employee is injured in the
course of his employment as a consequence of a defectcourse of his employment as a consequence of a defect
in equipment, provided by his employer for use inin equipment, provided by his employer for use in
connection with his business, then that defect will beconnection with his business, then that defect will be
attributable to the negligence of the employer.attributable to the negligence of the employer.
However, any damages paid by the employer can thenHowever, any damages paid by the employer can then
be recovered from the manufacturer or otherbe recovered from the manufacturer or other
responsible party.responsible party.
16. Duty to provide safe system of workDuty to provide safe system of work
General Cleaning Contractors v ChristmasGeneral Cleaning Contractors v Christmas
(1952)(1952)
Window cleaner injured when he fell after aWindow cleaner injured when he fell after a
sash window he was holding, suddenlysash window he was holding, suddenly
moved.moved.
Company not negligent of failing to provideCompany not negligent of failing to provide
equipment, e.g. ladders, safety straps etc.equipment, e.g. ladders, safety straps etc.
CompanyCompany werewere negligent of providing a safenegligent of providing a safe
system of work, e.g. instructing workers to testsystem of work, e.g. instructing workers to test
windows for safety.windows for safety.
17. Systems of workSystems of work
Speed v Swift (Thomas) & Co Ltd (1943)Speed v Swift (Thomas) & Co Ltd (1943)
Lord Green defined ‘Systems of Work’…Lord Green defined ‘Systems of Work’…
It may be the physical layout of the job – theIt may be the physical layout of the job – the
setting of the stage, so to speak – thesetting of the stage, so to speak – the
sequence in which the work is to be carriedsequence in which the work is to be carried
out, the provision in proper cases of warningsout, the provision in proper cases of warnings
and notices, and the issue of specialand notices, and the issue of special
instructions.instructions.
18. Non-delegatable duty of care.Non-delegatable duty of care.
Wilsons & Clyde Coal v English (1937)Wilsons & Clyde Coal v English (1937)
English was crushed at work and claimed damages.English was crushed at work and claimed damages.
The employer claimed their agent was responsible forThe employer claimed their agent was responsible for
safety at that workplace (a mine).safety at that workplace (a mine).
Ruling: The employer's duty to his employees isRuling: The employer's duty to his employees is
personal and non-delegable.personal and non-delegable.
He can delegate the performance of the duty toHe can delegate the performance of the duty to
others, whether employees or independentothers, whether employees or independent
contractors, but not responsibility for its negligentcontractors, but not responsibility for its negligent
performance.performance.
19. Duty of care – Stress (1)…Duty of care – Stress (1)…
Walker v Northumberland County Council (1995)Walker v Northumberland County Council (1995)
Plaintiff was a Social Worker Team Leader, whoPlaintiff was a Social Worker Team Leader, who
reported stress from workload, eventually having areported stress from workload, eventually having a
breakdown.breakdown.
On return to work the promised assistance wasOn return to work the promised assistance was
inadequate and 2inadequate and 2ndnd
breakdown resulted, forcingbreakdown resulted, forcing
retirement.retirement.
The council was found to have breached its duty inThe council was found to have breached its duty in
respect of the second nervous breakdown, though notrespect of the second nervous breakdown, though not
the first.the first.
Note - The first case in legal history where an employee was awarded damagesNote - The first case in legal history where an employee was awarded damages
for 'psychiatric injury' suffered a result of work related stress.for 'psychiatric injury' suffered a result of work related stress.
20. Duty of care – Stress (2)…Duty of care – Stress (2)…
Sutherland v Hatton and others (2002)Sutherland v Hatton and others (2002)
Court of Appeal heard 4 cases relating toCourt of Appeal heard 4 cases relating to
‘Stress’ awards at lower court.‘Stress’ awards at lower court.
Overturned 3 of 4 awards, because theOverturned 3 of 4 awards, because the
individuals had not taken any action to informindividuals had not taken any action to inform
their employers of their problems.their employers of their problems.
44thth
case (Jones v Sandwell MBC) not revokedcase (Jones v Sandwell MBC) not revoked
as she had informed her employer butas she had informed her employer but
received no help.received no help.
21. Higher Standards expected fromHigher Standards expected from
experienced employee…experienced employee…
Qualcast (Wolverhampton) Ltd v Hayes (1959)Qualcast (Wolverhampton) Ltd v Hayes (1959)
Experienced worker splashed with molten metal.Experienced worker splashed with molten metal.
Spats were available, but not worn and not enforcedSpats were available, but not worn and not enforced
by employer.by employer.
Employee failed to gain compensation as they hadEmployee failed to gain compensation as they had
chosen not to make use of it at their own riskchosen not to make use of it at their own risk..
22. Contributory negligenceContributory negligence
Uddin v. Associated Portland Cement Mfrs. Ltd.,Uddin v. Associated Portland Cement Mfrs. Ltd.,
(1965)(1965)
Uddin was employed in a cement factory.Uddin was employed in a cement factory.
He went where he was not authorised to be in orderHe went where he was not authorised to be in order
and climbed up to a position where there wasand climbed up to a position where there was
unfenced machinery. As a result he becameunfenced machinery. As a result he became
entangled with a revolving shaft and lost an arm.entangled with a revolving shaft and lost an arm.
It made no difference that Uddin was in a part of theIt made no difference that Uddin was in a part of the
factory where he was not supposed to be or that hefactory where he was not supposed to be or that he
was doing something that had nothing to do with hiswas doing something that had nothing to do with his
work.work.
Responsibility was apportioned on the basis of 20% toResponsibility was apportioned on the basis of 20% to
the defendants and 80% to the plaintiff.the defendants and 80% to the plaintiff.
23. Volenti non fit injuriaVolenti non fit injuria
ICI v Shatwell (1964)ICI v Shatwell (1964)
2 employees injured when they ignored2 employees injured when they ignored
explosive regulations and company policy.explosive regulations and company policy.
Employers could successfully raise ‘Volenti’Employers could successfully raise ‘Volenti’
as defence.as defence.
The defence of ‘volenti non-fit injuria’ willThe defence of ‘volenti non-fit injuria’ will
apply when there is true and free consent toapply when there is true and free consent to
the risk.the risk.
24. Master/servant relationshipMaster/servant relationship
Mersey Docks & Harbour Board v. Coggins &Mersey Docks & Harbour Board v. Coggins &
Griffiths (Liverpool) Ltd. (1947)Griffiths (Liverpool) Ltd. (1947)
Coggins and Griffiths hired a crane and driver fromCoggins and Griffiths hired a crane and driver from
the Mersey Docks and Harbour Board. Newall, thethe Mersey Docks and Harbour Board. Newall, the
driver, drove the crane negligently and injured Mrdriver, drove the crane negligently and injured Mr
Mcfarlane.Mcfarlane.
Contract between the Board and the hirers stated thatContract between the Board and the hirers stated that
the driver was to become their employee for thethe driver was to become their employee for the
duration of the hire.duration of the hire.
Judgement - Control over Mr Newall's work hadJudgement - Control over Mr Newall's work had notnot
passed to the hirers.passed to the hirers.
25. A safe place of work…A safe place of work…
Paine v Colne Valley Electricity Supply CoPaine v Colne Valley Electricity Supply Co
(1938)(1938)
Found the employer liable after an employeeFound the employer liable after an employee
was electrocuted because a kiosk had notwas electrocuted because a kiosk had not
been properly insulated.been properly insulated.
26. Vicarious Liability (1)Vicarious Liability (1)
Smith v Crossley Bros Ltd (1951)Smith v Crossley Bros Ltd (1951)
An employer may be held criminally liable or liable inAn employer may be held criminally liable or liable in
common law for the negligent or unlawful acts of acommon law for the negligent or unlawful acts of a
member of staff, even though the member of staffmember of staff, even though the member of staff
wilfully disobeyed the express instructions of his/herwilfully disobeyed the express instructions of his/her
employer.employer.
Apprentices engaged in horseplay injected compressedApprentices engaged in horseplay injected compressed
air into a 3air into a 3rdrd
person.person.
The employers were heldThe employers were held notnot liable.liable.
Staff acted negligently “on a frolic of his/her own”Staff acted negligently “on a frolic of his/her own”
independently of the job.independently of the job.
27. Vicarious Liability (2)Vicarious Liability (2)
Lister v Romford Ice & Cold Storage Co. Ltd.Lister v Romford Ice & Cold Storage Co. Ltd.
(1957)(1957)
Father and son were employed by the sameFather and son were employed by the same
company.company.
Son negligently handled a vehicle, causing injury toSon negligently handled a vehicle, causing injury to
his father.his father.
Father sued the company for the negligence of theFather sued the company for the negligence of the
employee, his son.employee, his son.
Company (their insurance company) succeeded inCompany (their insurance company) succeeded in
obtaining similar damages from the son.obtaining similar damages from the son.
28. Vicarious Liability (3)Vicarious Liability (3)
Rose v Plenty (1976)Rose v Plenty (1976)
A milkman (against company orders) took a 13-year-A milkman (against company orders) took a 13-year-
old boy to help him on his round, and the boy wasold boy to help him on his round, and the boy was
injured through the milkman's negligent driving.injured through the milkman's negligent driving.
The boy sued both the milkman and the dairy.The boy sued both the milkman and the dairy.
The trial judge found that the dairy was not liable.The trial judge found that the dairy was not liable.
The Court of Appeal found the dairy vicariously liableThe Court of Appeal found the dairy vicariously liable
for the boy's injuries. The boy was actually helping tofor the boy's injuries. The boy was actually helping to
deliver the milk, and so the driver's action was andeliver the milk, and so the driver's action was an
unauthorised way of performing his duties.unauthorised way of performing his duties.
29. Practicability of precautionsPracticability of precautions
Latimer v. AEC Ltd (1953)Latimer v. AEC Ltd (1953)
A freak flood left the floor oily.A freak flood left the floor oily.
Employer used all available materials to absorb theEmployer used all available materials to absorb the
hazard.hazard.
Plaintiff came on shift unaware of the problem,Plaintiff came on shift unaware of the problem,
slipped and crushed ankle.slipped and crushed ankle.
On Appeal - The employer took every step thatOn Appeal - The employer took every step that
reasonably could have been taken in thereasonably could have been taken in the
circumstances and in so doing had negated anycircumstances and in so doing had negated any
possible allegation of negligence .possible allegation of negligence .
30. Neighbour principleNeighbour principle
Donoghue v Stevenson (1932)Donoghue v Stevenson (1932)
Established the modern tort of negligence.Established the modern tort of negligence.
Donoghue claimed illness after consuming a drink ofDonoghue claimed illness after consuming a drink of
ginger beer which contained a ‘snail’.ginger beer which contained a ‘snail’.
Eventually settled out of court.Eventually settled out of court.
Lord Atkin’s remarks…Lord Atkin’s remarks… Who, then, in law, is myWho, then, in law, is my
neighbour? The answer seems to be - persons whoneighbour? The answer seems to be - persons who
are so closely and directly affected by my act that Iare so closely and directly affected by my act that I
ought reasonably to have them in contemplation asought reasonably to have them in contemplation as
being so affected when I am directing my mind to thebeing so affected when I am directing my mind to the
acts or omissions that are called in questionacts or omissions that are called in question..
31. Employment Right Act 1996Employment Right Act 1996
Employee has the right not to be subjectEmployee has the right not to be subject
to detriment (s44) or dismissal (s100) onto detriment (s44) or dismissal (s100) on
the grounds that as a designated H&Sthe grounds that as a designated H&S
employee they were doing or proposed toemployee they were doing or proposed to
do their job or were performing their roledo their job or were performing their role
as a Safety C’ttee member.as a Safety C’ttee member.
32. Employment Right Act 1996 (s100)Employment Right Act 1996 (s100)
Protection for EmployeesProtection for Employees
Masiak v City Restaurants LtdMasiak v City Restaurants Ltd
Chef dismissed for refusing to cook chickenChef dismissed for refusing to cook chicken
which he considered unfit for consumption.which he considered unfit for consumption.
On appeal, case upheld as s100 of the ERAOn appeal, case upheld as s100 of the ERA
could refer to ‘other persons’ other than othercould refer to ‘other persons’ other than other
employees, in this case the paying customers.employees, in this case the paying customers.
33. Employment Right Act 1996 (s100)Employment Right Act 1996 (s100)
Protection for EmployeesProtection for Employees
Barton v Wandsworth Council (1995)Barton v Wandsworth Council (1995)
Ambulance driver disciplined for complainingAmbulance driver disciplined for complaining
about lack of trained escorts whenabout lack of trained escorts when
transporting patients with disabilities.transporting patients with disabilities.
Tribunal ruled in his favour – the actions takenTribunal ruled in his favour – the actions taken
against him were a detriment when he voicedagainst him were a detriment when he voiced
genuine concerns for his own safety and thatgenuine concerns for his own safety and that
of the patients.of the patients.
34. Employment Right Act 1996 (s100)Employment Right Act 1996 (s100)
Protection for EmployeesProtection for Employees
Costain Building & Civil Eng v SmithCostain Building & Civil Eng v Smith
Smith was an ‘Independent Consultant’Smith was an ‘Independent Consultant’
employed through an Agency.employed through an Agency.
Dismissed after writing critical Safety Reports.Dismissed after writing critical Safety Reports.
On appeal, dismissal upheld as s100 was forOn appeal, dismissal upheld as s100 was for
employees protection but Smith wasemployees protection but Smith was
employed by the Agency, not Costain.employed by the Agency, not Costain.
35. HSWA s2 and s37HSWA s2 and s37
J Armour v J SkeenJ Armour v J Skeen (Procurator Fiscal Glasgow)(Procurator Fiscal Glasgow) (1977)(1977)
Armour was Director of Roads for Local Authority –Armour was Director of Roads for Local Authority –
Workman fell to death from a bridge.Workman fell to death from a bridge.
Corporate Failure to have ‘safe system of work’Corporate Failure to have ‘safe system of work’
HSWA s2HSWA s2
Individual Failure – not a ‘Director’ within meaning ofIndividual Failure – not a ‘Director’ within meaning of
s37,s37, butbut was within scope of ‘manager…or similarwas within scope of ‘manager…or similar
officer’. It was his individual failure to provide theofficer’. It was his individual failure to provide the
SSW. HSWA s37SSW. HSWA s37
36. HSAW s2(1) general dutiesHSAW s2(1) general duties
R v Gateway FoodmarketsR v Gateway Foodmarkets
Employee fell through a trapdoor.Employee fell through a trapdoor.
Company liable for actions of staff, in leavingCompany liable for actions of staff, in leaving
the hatch open, even though they had takenthe hatch open, even though they had taken
all reasonable precautions at a seniorall reasonable precautions at a senior
management level.management level.
37. HSWA s2(1) general dutiesHSWA s2(1) general duties
Bolton Metropolitan Borough Council vBolton Metropolitan Borough Council v
Malrod Insulations LtdMalrod Insulations Ltd
EHO discovered decontamination unitEHO discovered decontamination unit
available for use by Asbestos removalavailable for use by Asbestos removal
team had electrical faults.team had electrical faults.
Successful prosecution for making theSuccessful prosecution for making the
equipment available even though not yetequipment available even though not yet
in use.in use.
38. HSAW s2(1) general dutiesHSAW s2(1) general duties
Langridge v Howletts Zoo & Port LympneLangridge v Howletts Zoo & Port Lympne
Estates LtdEstates Ltd
Prohibition Notice issued by local authority preventingProhibition Notice issued by local authority preventing
keepers entering Tiger enclosure after death of akeepers entering Tiger enclosure after death of a
keeper.keeper.
Zoo argued that keepers must enter the enclosure toZoo argued that keepers must enter the enclosure to
bond with the animals.bond with the animals.
On appeal, keepers allowed to enter the enclosureOn appeal, keepers allowed to enter the enclosure
with modified procedures.with modified procedures.
The Act is not concerned with the working beingThe Act is not concerned with the working being
done, but the manner of performing it.done, but the manner of performing it.
39. HSWA s3HSWA s3
R v British Steel plc (1995)R v British Steel plc (1995)
A sub-contractor working under supervision ofA sub-contractor working under supervision of
a British Steel supervisor was killed.a British Steel supervisor was killed.
Under ‘Vicarious Liability’, the supervisor hadUnder ‘Vicarious Liability’, the supervisor had
failed in his duty, therefore British Steel hadfailed in his duty, therefore British Steel had
failed its employers duty under s3.failed its employers duty under s3.
40. HSAW s3HSAW s3
R v MaraR v Mara
Director of a small cleaning company contracted toDirector of a small cleaning company contracted to
clean a supermarket.clean a supermarket.
Faulty cleaning machine left on supermarketFaulty cleaning machine left on supermarket
premises.premises.
Supermarket employee used the machine and wasSupermarket employee used the machine and was
electrocuted.electrocuted.
Supermarket employees were ‘persons who may beSupermarket employees were ‘persons who may be
affected by the way the cleaning company carried onaffected by the way the cleaning company carried on
its undertaking’.its undertaking’.
41. HSAW s3HSAW s3
R v Nelson Group Services (Maintenance) LtdR v Nelson Group Services (Maintenance) Ltd
A properly trained and competent gas fitter left aA properly trained and competent gas fitter left a
fitting in a dangerous condition.fitting in a dangerous condition.
It was held that an isolated act of negligence by anIt was held that an isolated act of negligence by an
otherwise completely competent employee did nototherwise completely competent employee did not
render the employer liable.render the employer liable.
Note – this defence is effectively closed by MHSWR 1999 Reg 21 – ‘itNote – this defence is effectively closed by MHSWR 1999 Reg 21 – ‘it
will not be a defence for an employer to argue that the contraventionwill not be a defence for an employer to argue that the contravention
was due to the act or default of an employee… or an person appointedwas due to the act or default of an employee… or an person appointed
as a H&S Assistant under Reg7.’as a H&S Assistant under Reg7.’
42. HSWA s3HSWA s3
R v Swan Hunter Shipbuilders Ltd (1982)R v Swan Hunter Shipbuilders Ltd (1982)
8 workers killed during construction of HMS Glasgow due8 workers killed during construction of HMS Glasgow due
to explosion in an oxygen enriched environment.to explosion in an oxygen enriched environment.
Swan Hunter had known of the potential risk andSwan Hunter had known of the potential risk and
informed their own employees.informed their own employees.
Swan Hunter failed to inform other contractors and sub-Swan Hunter failed to inform other contractors and sub-
contractors.contractors.
Swan Hunter had a duty to ensure the health and safetySwan Hunter had a duty to ensure the health and safety
of its own employees. If the ignorance of anotherof its own employees. If the ignorance of another
company’s employees places its own employees at riskcompany’s employees places its own employees at risk
then it is the company’s duty to inform the employees ofthen it is the company’s duty to inform the employees of
another of any special risks within its knowledge.another of any special risks within its knowledge.
43. HSAW s3HSAW s3
R v Associated Octel Co Ltd (1996)R v Associated Octel Co Ltd (1996)
An employee of a contractor badly burnedAn employee of a contractor badly burned
while conducting repairs to a chemical tank.while conducting repairs to a chemical tank.
The Contractor was prosecuted under s2 forThe Contractor was prosecuted under s2 for
the injury to their employee.the injury to their employee.
Octel were prosecuted under s3 - theOctel were prosecuted under s3 - the
maintenance of the tank was part of theirmaintenance of the tank was part of their
undertaking – that it was being carried out byundertaking – that it was being carried out by
a contractor was irrelevant, as it was on theira contractor was irrelevant, as it was on their
site so it was still under their control.site so it was still under their control.
44. HSAW s3HSAW s3
R v Board of Trustees of Science MuseumR v Board of Trustees of Science Museum
(1993)(1993)
Alleged that the public put at risk of exposure toAlleged that the public put at risk of exposure to
Legionella Pneumophilia (LP) due to failure toLegionella Pneumophilia (LP) due to failure to
instigate regular system of cleansing Air Con system.instigate regular system of cleansing Air Con system.
It was not necessary to show that the public hadIt was not necessary to show that the public had
inhaled LP, only that there was a risk of doing so.inhaled LP, only that there was a risk of doing so.
Court of Appeal upheld conviction.Court of Appeal upheld conviction.
45. HSWA s4HSWA s4
Westminster City Council v Select ManagementsWestminster City Council v Select Managements
LtdLtd
Improvement Notice relating to lifts and electricalImprovement Notice relating to lifts and electrical
equipment in block of flats.equipment in block of flats.
Company appealed on grounds that they wereCompany appealed on grounds that they were
‘domestic premises’ iaw s4 of HSWA.‘domestic premises’ iaw s4 of HSWA.
Court of Appeal upheld that the ‘Common Areas’ wereCourt of Appeal upheld that the ‘Common Areas’ were
not domestic but available for use by others as anot domestic but available for use by others as a
place of work or where they may use plant, e.g. lifts.place of work or where they may use plant, e.g. lifts.
46. HSWA s4HSWA s4
Moualem v Carlisle City Council (1994)Moualem v Carlisle City Council (1994)
Defendant operated a Children’s Play CentreDefendant operated a Children’s Play Centre
and convicted of failure to comply withand convicted of failure to comply with
Improvement Notices.Improvement Notices.
Children were using ‘plant’ in a non-domesticChildren were using ‘plant’ in a non-domestic
premises.premises.
47. Corporate ManslaughterCorporate Manslaughter
Corporate Manslaughter and Corporate HomicideCorporate Manslaughter and Corporate Homicide
Act 2007Act 2007
The offence is concerned with corporate liability andThe offence is concerned with corporate liability and
does not apply to directors or other individuals whodoes not apply to directors or other individuals who
have a senior role in the company or organisation.have a senior role in the company or organisation.
The first ever successful UK Corporate ManslaughterThe first ever successful UK Corporate Manslaughter
prosecution was of the company involved in the Lymeprosecution was of the company involved in the Lyme
Bay kayaking deaths (1993).Bay kayaking deaths (1993).
Previously, cases such as the Tebay rail deaths (2004),Previously, cases such as the Tebay rail deaths (2004),
the Herald of Free Enterprise RORO Ferry disasterthe Herald of Free Enterprise RORO Ferry disaster
(1987), Connington South rail crash (1967) had(1987), Connington South rail crash (1967) had
resulted in prosecution of individualsresulted in prosecution of individuals.