Two Legal Problems Encountered by Everlasting Estates Ltd Essay

Two Legal Problems Encountered by Everlasting Estates Ltd Essay

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Two Legal Problems Encountered by Everlasting Estates Ltd

1. Tort - A series of duties imposed primarily by the law to regulate
human contact.

2. Damages - Monetary compensation.

3. Plaintiff - Person who incites civil proceedings.

4. Defendant - The person who is accused of a crime.

5. Negligence - If a person acts carelessly and as a result of that
carelessness, another is injured or suffers loss it may be that, that
person is negligent in the law of tort. Not all careless acts will
allow the wronged person to sue the wrongdoer for negligence.

6. Common Law - The law made by judges and contains in the decisions
of judges. Common Law requires the employer to:

· Owe duty of care towards his employees

· Provide competent staff

· Provide a safe system at work

· Provide safe apparatus

· Provide safe premises

The major statutory duties giving rise to employer's civil liability
are:

· Construction regulations

· Factories Act

· Simultaneous criminal offence under the Health & Safety at Work Act
1974.

Duty of care - The plaintiff (victim) must show that the defendant
(wrongdoer) owes him a duty of care in law.

Breach of duty - If established that a duty of care is owed to the
plaintiff by the defendant, then the question of fact is whether or
not the defendant is in breach of that duty of care. Breach of duty of
care will have occurred if the defendant is shown to have acted in an
unreasonable manner in the circumstances.

Resulting damage to the plaintiff - The plaintiff has to show that the
defendant's breach of duty and that nature of the loss caused the loss
or damage he ha...


... middle of paper ...


...ccessfully
established by the plaintiff, but in some way he/she has also been
involved in contributory to his injuries by his own negligence, then
the defendant can raise the defenses of contributory negligence.

In the case of Charles, it is fairly clear that the incident did have
some contribution of his own, if he did not wear the protective
goggles.

In the case of Bob, Bob would be able to claim for the damages but
would be reduced according to the age of the employee and also because
Bob was partly to be blamed (contributory negligence) for not wearing
a hard hat.



Bibliography
============

Business Law 7th Edition

Marsh & Soulsby 1998

Stanley Thornes Publisher

Business Law 2nd Edition

Helen J. Bond & Peter Kay 1995

Blackstone Press Ltd.

Lecture notes and handouts.

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