Question 1

The so-called 'unholy trinity' comprised of which of the following? Please select all that apply.&#10;A) Vicarious liability&#10;B) Doctrine of common employment&#10;C) Volenti non fit injuria (voluntary assumption of risk)&#10;D) Contributory negligence

Accepted Answer

The 'unholy trinity' refers to three common law defenses that employers used to avoid liability for workplace injuries: the doctrine of common employment, volenti non fit injuria, and contributory negligence.

Question 2

Match For each of the following cases complete the case name.&#10;-Wilsons Clyde Coal Co Ltd v&#10;A) English&#10;B) Wincanton Logistics&#10;C) AEC Ltd

Accepted Answer

The full case name is Wilsons Clyde Coal Co Ltd v English.

Question 3

Match For each of the following cases complete the case name.&#10;-Fytche v&#10;A) English&#10;B) Wincanton Logistics&#10;C) AEC Ltd

Accepted Answer

The correct case name is Fytche v Wincanton Logistics. This case is related to employment law and involves issues around employment contracts and wrongful termination.

Question 4

Match For each of the following cases complete the case name.&#10;-Latimer v&#10;A) English&#10;B) Wincanton Logistics&#10;C) AEC Ltd

Accepted Answer

Latimer v AEC Ltd is a well-known case in tort law regarding the duty of care and the standard of care required to prevent accidents.

Question 5

An employer's personal duty of care was established in which case?&#10;A) McDermid v Nash Dredging & Reclamation Co Ltd&#10;B) Davie v New Merton Board Mills Ltd&#10;C) Wilsons Clyde Coal Co Ltd v English&#10;D) Latimer v AEC Ltd

Accepted Answer

Wilsons Clyde Coal Co Ltd v English established the employer's personal duty of care. This landmark case clarified that employers have a direct and personal duty to ensure the safety of their employees, setting a precedent for future workplace safety regulations.

Question 6

By holding the employer's personal duty of care to be non-delegable the courts have held that an employer will nonetheless be held to have breached this duty if those they have entrusted with responsibility fail to exercise reasonable care in respect of the employees' safety.

Accepted Answer

An employer's personal duty of care, established in Wilsons & Clyde Coal Co Ltd v English [1938], requires an employer to see that reasonable care is taken for their employees' safety. By holding the employer's duty of care to be non-delegable the courts have held that an employer will nonetheless be held to have breached this duty if those they have entrusted with responsibility fail to exercise reasonable care in respect of the employees' safety. The employer cannot escape liability by showing that they themselves acted reasonably in delegating this task to the relevant person.

Question 7

An employer can only be liable in tort law if they are personally at fault

Accepted Answer

An employer can also be vicariously liable for injuries caused by an employee's tort committed in the course of their employment, even if they are not personally at fault.

Deck 13: Employers Liability