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…
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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
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[Let Lordship answer; if no then state the facts, if yes then skip to the order of argument] Facts: - The facts of the case are as follows; the appellant Ms. Muddleton was one of the attendants for the annual Fun Fair Carnival organized by the Countryshire Parish Council, held at the Local Recreation Ground.
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.
In this regard an offer and acceptance will form the basis of a legally binding and enforceable contract if from an objective perspective it can be said that Belinda believed that genuine offer was made.2 Belinda accepted both the offer to purchase her home for 100 pounds and her car for 500 pounds.
Jack, the self-employed jobbing carpenter ("co-employee" for convenience), may possibly also have a claim for personal injury against Frances and his parents. The child (and her parents) with whom Ina tripped over may have a claim for damages against Ina and the nursery for personal injuries.
The second is his claim against the ambulance driver and the hospital or the driver's employer under the principle of vicarious liability for personal injuries sustained caused by negligent driving. Crates Ltd (or "Crates"), on the other hand, has a claim for damages against the workman Eddy for his negligence and against Eddy's employer, Divies Ltd.
Beatrice, depending on the type of acid involved, possibly has a claim for personal injury against Chaudhury based on wrongful treatment. Chaudhury and Doris (the "co-employees"), on the other hand, have a claim for damages against Beatrice for psychological damage they have suffered and against the employer, the co-employees may have a claim for psychological damage under the principle of vicarious liability and for damages in respect of the employer's breach of its duty to provide a safe system of work.
The author of the paper explains that an employer has duties towards his employees that are non-delegable. The case established the implied basic duties that employers owe their employees, the breach of which entitles the latter to award of damages in an action for tort on the broad ground of negligence.
Digital forensics mainly focuses on is in the cyber crimes. They use various techniques to recover the data which would be necessary to catch the parties which are involved at that particular moment (Kipper, 2010).
The aim of digital forensic process is
The investigators use various techniques to recover the data which would be necessary to catch the parties which are involved at that particular moment (Kipper, 2010).
Acquisition: In this process, the information in the hard drive that is being investigated is
It does not cover injury that results from intentional harm. The core idea is that people should take reasonable precautions to prevent foreseeable harm. A cause of action arising from negligence can result in a damages award. This harm can be to persons in terms of physical and mental injury, property, personal relationships and financial status.
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