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Posted By Kevin_20056
Hello
Can anyone help me please I need info on the following
-negligence, breach of statutory duty and duty of care
-nature and extent of an employer's liability
-defences against civil claims
-reasonable care , reasonable foresight.
Any website avail or any help would be grateful
thanks in advance
kevin
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Rank: Guest
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Posted By Raymond Rapp
Kevin
Not exactly sure what advice you are after but these hints might help, even if they are only Googled.
Breach of Statutory duty is a criminal offence. Applies normally to statutory Acts and Regulations. Most statutory h&s duties only require proof of act or omission (actus reas), unlike most criminal law where the intent (mens rea) has to be proved as well. Exception being, an absolute duty e.g. section 8&9 of HSWA. Defence for HSWA section 42 is the concept of foreseeability, if it can be proven that the event was not reasonably foreseeable.
Duty of care is a civil law concerned with the 'tort of negligence.' The claimant has to prove that a) an injury or loss was sustained; b) that it was foreseeable; and c) the accused could have prevented it. Defence as above and are many and varied, e.g. the 'proximity' and 'neighbour' principles.
Employers' liability to civil claims is mostly concerned with accidents, also includes vicarious liability. Defence for vicarious liability is where say an employer acted illegally e.g. arson. Normally employers liability insurance would cover accident claims.
ps ask a shorter question in future please (bite size chunks).
Regards
Ray
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