Chapter 8 Self-test questions

. Employers' duty to their employees in negligence derives solely from common law.

True

False

. Which of these rules is not part of the 'holy trinity' which historically made it difficult for employees to bring successful tort actions against their employers?

The defence of volentinon fit injuria.

The doctrine of 'common employment'.

The defence of ex turpi causa non oriituractio.

The defence of contributory negligence.

. Which of these is not an aspect of the employer's non-delegable duty to his employee?

Provision of a safe place of work.

Provision of competent financial advice.

Provision of competent staff.

Provision of a proper system of working.

. Which case had its effect reversed by the Employers' Liability (Defective Equipment) Act 1969?

Wilsons and Clyde Coal v English

McDermid v Nash Dredging and Reclamation

Walker v Northumberland County Council

Davie v New Merton Board Mills

. Which of the following statements is most accurate regarding the employer's duty to provide a proper system of working?

It includes a duty to supervise and to warn.

It relies primarily on the employee to look after his own well-being.

It requires rigorous risk-assessment to be conducted.

. Calling the employer's duty regarding the employee's safety 'non-delegable' indicates that:

the employer must exercise reasonable care in entrusting the duty to someone else.

an injured employee can seek liability from anyone with whom the employer has entrusted that duty.

a fellow employee cannot be held liable for the employer's breach.

no one except the employer can be held liable for the non-exercise of that duty.

. A defectively constructed ship can constitute 'equipment' for the purposes of the Employers' Liability (Defective Equipment) Act 1969.

True

False

. What was the crucial factor to the outcome in Walker v Northumberland CC?

That the plaintiff was a professional rather than an unqualified employee.

That the employer was aware of the plaintiff's earlier breakdown.

That the employee's job was a particularly stressful one.

. To what extent can it be said that there is a subjective element in the employer's duty of care regarding stress in the workplace?

There is an element of subjectivity.

It is a completely subjective test.

It is a completely objective test: that of the reasonable man.

. Which case is the odd one out?

Jebson v Ministry of Defence

Hudson v Ridge Manufacturing Co

McDermid v Nash Dredging

Latimer v AEC

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