Nobody downloaded yet

Wilsons & Clyde Coal Company v English - Essay Example

Comments (0) Cite this document
In the paper “Wilsons & Clyde Coal Company v English” the author provides the case of Wilsons & Clyde Coal Company v English, which established the implied basic duties that employers owe their employees to award of damages in an action for tort…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.2% of users find it useful
Wilsons & Clyde Coal Company v English
Read TextPreview

Extract of sample "Wilsons & Clyde Coal Company v English"

Download file to see previous pages The tug captain, who was employed by the Dutch company, carelessly mishandled the tug movement resulting in the injuries sustained by the claimant. The Court sided with the claimant notwithstanding that the injuries was caused by the tug captain, who was not under its employ, on the ground that the responsibility to keep a safe system of work was its personal responsibility and therefore, non-delegable.
An action for breach of statutory duties necessarily requires that the employer has breached a provision of a statute or law. An equally important consideration in this action is the determination that the statute itself contemplates granting the claimant a right to a civil action. Thus, in one of the earliest of cases involving breach of statute, Grove v Lord Wimbourne,  the Court held that if the criminal statute, in this case the Factory and Workshop Act 1878, is found to be intended to provide civil remedy, then that statute can be made applicable to action for injuries sustained in the employment. However, the fact that many of these statutes do not actually specifically state whether private law is applicable or not makes the breach of statutory duty particularly difficult to pursue. In X and others (minors) v Bedforshire County Council,  a controversial HL decision which was subsequently criticised by the ECHR, the Court held, inter alia, that private law cause of action can arise if it is shown that the statute protects a limited class of citizens and Parliament....
However, the fact that many of these statutes do not actually specifically state whether private law is applicable or not makes the breach of statutory duty particularly difficult to pursue. In X and others (minors) v Bedforshire County Council,6 a controversial HL decision which was subsequently criticised by the ECHR, the Court held, inter alia, that private law cause of action can arise if it is shown that the statute protects a limited class of citizens and Parliament intended to confer to them such a right of action. A breach of statute case may be employed in Jack’s case on the basis of The Provision and Use of Work Equipment Regulations 1998, regulations, which the Secretary of State issued under the power conferred on him by the Health and Safety at Work Act 1974. Said regulations provide, inter alia, that equipment that carries specific risks shall be assigned for use only by specific persons who had prior training for its use. More significantly, the statute provides that it is the responsibility of the employer to ensure that dangerous parts of any machine used in the workplace should not have any access to any of the parts of the body of the worker, which could be done either by installing fixed guards or other protective parts.7 Although there is no express conferment of the right to bring an action of civil liability, there is a presumption that such will lie as was held in Thornton v Kirklees Metropolitan Borough Council.8 The Court held in that case that where the statute imposes a duty on an entity for the purpose of benefiting a specific class of persons, but does not expressly provide a form of relief, a civil action for damages is presumed to be ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Wilsons & Clyde Coal Company v English Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
Retrieved from
(Wilsons & Clyde Coal Company V English Essay Example | Topics and Well Written Essays - 1500 Words)
“Wilsons & Clyde Coal Company V English Essay Example | Topics and Well Written Essays - 1500 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Wilsons & Clyde Coal Company v English

Company Analysis: Rio Tinto Coal Australia

...? COMPANY ANALYSIS RIO TINTO COAL AUSTRALIA Executive Summary In this report, how far Rio Tinto Coal Australia has been successful in terms of its strategic, financial, market and corporate social responsibility performance is critically examined. The financial performance is analyzed in terms of the financial ratios and the share prices. The competitive scenario of Rio Tinto Coal is examined with the help of Porter’s five forces analysis. SWOT Analysis is done to examine the strengths, weaknesses, opportunities and threats of each company. The vision of the company is to become a international leader in the mining field, which is highly competitive and sustainably developed as well as performs well through innovation. Based... on the...
16 Pages(4000 words)Assignment

How coal is fromed

...?Coal is one of the most ancient known sources of energy in the world. It is been used almost since the beginning of the humanity. For centuries it has been vital for the mankind to sustain heat in dwellings as well as being used for cooking, making clay pots and much more. Later, with the industry development, besides being a source of energy and fuel, the coal became a vital element in steel and cement production, production of benzol, methane, tar, coke and more. Coal is one most important and used source of the energy in the world. It has been used to produce almost 40% of electricity worldwide, with some countries using it much more extensively for that purpose: produce of...
3 Pages(750 words)Research Paper

Bonnie and Clyde(Penn, 1967)

.... Michael J. Pollard played the character of the quite C.W. Gene Hackman was Buck Barrow, Clyde’s brother and his wife Blanche’s character was portrayed by Estelle Parsons. All of them were nominated for the Academy Awards even though only Parsons managed to bag the prize for her performance as best supporting actress. Bonnie and Clyde is a fantastic movie even though it started off with quite a difficult ride. Despite the difficulties it faced, the story and the cast and crew managed to show their talents to the world and proved themselves. To this day, this movie is considered to be one of Hollywood’s finest and has encouraged many other filmmakers in being creative and trying out new things....
6 Pages(1500 words)Essay

Nisbette and Wilsons Article

...October 5, 2007 Psychological Review of Nisbette and Wilson's Article In the article of Nisbette and Wilson, they presenteddifferent arguments that manifest the productivity and cognition of our mental processes. According to the authors, there are particular evidences that support the cognition of mental processes. Based on their observations and research, three major conclusions occurred. First, people often cannot report accurately on the effects of particular stimuli on higher order, inference-based responses.1 Second, when reporting in the effects of stimuli, people may not interrogate a memory of the cognitive processes that operated on the stimuli; instead, they may base their reports on implicit,...
3 Pages(750 words)Article

August Wilsons Fences

...Some Things Cannot Be Fenced In August Wilson's Fences (1985) appears to imply that the act of erecting a fence could have a divisive rather than cohesive effect-it could even result in the very breakdown of the family structure. The physical fence in the play is on the minds of almost all the main characters right through the play, to the very end, but the title "Fences" suggests that Wilson is making a point about all fences, tangible or intangible. Just as death is not to be deterred by manmade walls, the human mind was perhaps not made to be fenced in but to scale all walls. a. The fence is Rose's wish and seeming obsession. The first reference to a fence in the play is not to a physical fence but a...
2 Pages(500 words)Book Report/Review

Company Law - English law

...(a) It was established in Salomon v A Salomon & Co [1897 that 'The company is at law a different person altogether from the subscribers. Nor aresubscribers as members liable, in any shape or form, except to the extent and in the manner provided by the [Companies] Act.'2 It is a general principle of English law that it is not possible in the absence of agency, a trust relationship or wrongful trading to hold one person liable for the debts of another.3 However, like most common law principles and judicial interpretations it is a rebuttable presumption which must give way to a statement to the contrary 'in clear and unequivocal language'4 by Parliament. Under its...
10 Pages(2500 words)Case Study

Coal Energy

...Coal Energy Introduction Coal energy is one of the non-renewable energy sources in the world. Earlier it has been used extensively forthe energy purposes, but at present it is sparingly used because of the severe negative impacts it causes to environment. This paper summarizes the article Tsvi Bisk’s article “Linking Coal with Clean Energy through Liquifaction” published on internet on Thursday, March 19th, 2009. Linking Coal with Clean Energy through Liquifaction Problem or scientific policy discussed in the article Coal is one of oldest energy sources in the world and the United States has the largest recoverable reserves of coal in...
3 Pages(750 words)Essay

Griggs v. Duke Power Company

...Griggs v. Duke Power Company Case Summary In the Griggs v. Duke Power Company case, the bone of contention was the promotion and transfer policies adopted by the company. The case concerned these policies at its Dan River Steam Station. The company allowed incumbent who did not have a high school education to transfer from an outside job opportunity to an inside job opportunity by passing two tests; The Bennett Mechanical Aptitude Test, and Wonderlic Personnel Test that allegedly measures general verbal facility. The African American employees filed a class action suit in which they argued that these practices were a violation of Title...
4 Pages(1000 words)Research Paper

Wilsons fourteen points

...Compare and contrast the opinions of two on Wilson’s fourteen points The Wilson’s fourteen points has been a source of controversy for many historians, war analysts and foreign policy commentators, who observe that this in initiative had both intended and unintended consequences both on the Allied and the central powers during the World War I. Ruth Henig observes that the Wilson’s fourteen points was an American initiative to offer moral leadership in a world that had been reduced to chaos and wrangles, such that there lacked an idealistic proponent of peace and cooperation (Henig, n.p.). Similarly, David Ignatius observes that the Wilson’s fourteen points were the...
3 Pages(750 words)Essay

August Wilsons drama, Fences

...well that he is married to Rose. The relationship between Troy and Alberta results in the two expecting a child, prompting Roy to inform his wife. Hurt and delusional, Rose confronts Troy and tells him he is selfish, a scuffle ensues and Cory, Troy’s son with Rose, comes to his mother’s rescue. The relationship between Troy and Alberta ends when he loses her to death, Troy manages to convince Rose to take care of his now motherless daughter, a case that triumphantly depicts him as a responsible man (Wilson, 1986). Troy, having come out of prison after being sentenced for killing a man, and being a talented baseball player, tries unsuccessfully to enroll with one of the teams playing in the major league. He is...
3 Pages(750 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Wilsons & Clyde Coal Company v English for FREE!

Contact Us