Nebosh General Certificate Revision

Day 11 Revision

Common Law Negligence
Define the term ‘Negligence’ Negligence’ (2)
A Civil wrong (tort) involving unreasonably careless conduct (or a breach of the common law duty of Care) , resulting in loss, damage or injury

Outline the Three standard conditions that must be met for an employee to prove a case of alleged negligence against an employer (6)
A duty of care was owed by the employer (i.e. that the employee was acting in the course of his/her employment The employer breached his duty of care by not doing everything that was reasonable to prevent foreseeable harm The breach of duty led directly to the loss, damage or injury to the employee

Common / Civil Law Questions
Outline the possible defences available to employers in cases of alleged negligence
No Duty owed, Duty owed no negligent act Negligent act but couldn’t have caused harm etc couldn’ Contributory negligence Volenti non fit injuria Not known at the time Not reasonably foreseeable Injury too remote Out of time

Vicarious Liability
(6) State the circumstances in which an employer may be held vicariously liable for the negligence of an employee (2)
An employer is held liable for damage or injury if an employee negligently causes an accident whilst acting in the course of his employment.

Outline the legal duties placed on employers to help to ensure that employees behave in a safe manner (6)
Duty of Care HSW Act COSHH, PPE, PUWER, Several other Regulations Training, Information, Supervision

Civil / Criminal Law Differences
Explain the Differences between civil and criminal Law (8)
Compensation or damages Punishment and deterrent Evolves through precedents Made by parliament Civil dispute - ‘tort’ tort’ Crime Loss or harm suffered No ‘loss’ necessary it is a crime loss’ Individual v Individual / body State v body / person Burden of proof ‘balance of probabilities’ probabilities’ ‘beyond reasonable doubt’ doubt’ Insurance available Cannot insure

Explain using...