Monday, January 6, 2020

Case Law Nebosh - 1198 Words

Case – British Railways board Vs Herrington Relevance - Trespasser duty of care - Common humanity - Occupiers liability act 1984 Facts - Railway line operated by BRB ran through property open to public - Fences were in poor repair - 1965 children seen on line - Child severely injured when he stepped on line after passing through broken fence - Plaintiff claimed damages for negligence Ruling - House of lords held over trespassers, a duty to take steps as common humanity to avert danger i.e. fix the fence If the presence of trespassers is known or foreseeable, step must be taken Case – Paris Vs Stepney Borough Council Relevance - Duty to individuals Facts - Plaintiff employed by the defendants - He only had use†¦show more content†¦ee accepted the risk) - House of Lords found that there was evidence that claimant had volunteered for the risk of injury - Claim was successful Case – Donoghue Vs Stevenson Relevance - Duty of care – concept of the Neighbour Principle Details - Claimant (Donoghue) fell ill when she drank a bottle of ginger beer which contained a decomposed snail - The bottle was opaque she had no idea that the bottle contained a decomposed snail - The claimant’s friend purchased the bottle - Claimant sued manufacturer - Manufacturer claimed that there was no contract between them as the claimant’s friend purchased the bottle Decision - Damages awarded to claimant Neighbor’s principle – extent of duty of care, who is my neighbour - You must take reasonable care to avoid acts or omissions which you can reasonably foresee that would be likely to injure your neighbor - Case – Latimer Vs A.E.C Relevance - ‘Properly maintained’ reasonable ‘safe place of work’ Details - Severe thunderstorm flooded factory - Floor became slippery - Quantity of sawdust was used to clear up, but insufficient held - Latimer slipped on floor sought damages using factories act that floors must be ‘properly maintained’ Decision - Latimer lost case - Court found that normally floor was fine and employer had taken reasonable steps to deal with the danger to employees - Case – Marshall Vs Gotham Co (gypsum mine) Relevance - ‘Practicable as againstShow MoreRelatedNebosh Diploma Unit D Assignment Guidance3683 Words   |  15 PagesNational Diploma Examiners Report Guidance - Unit D Examiners’ Report Guidance NEBOSH NATIONAL DIPLOMA IN OCCUPATIONAL HEALTH AND SAFETY NEBOSH INTERNATIONAL DIPLOMA IN OCCUPATIONAL HEALTH AND SAFETY Unit D and ID Assignments CONTENTS Introduction 2 Unit D and ID Assignments 3 ïÆ' £ 2011 NEBOSH, Dominus Way, Meridian Business Park, Leicester LE19 1QW tel: 0116 263 4700 fax: 0116 282 4000 email: info@nebosh.org.uk website: www.nebosh.org.uk The National Examination Board in Occupational SafetyRead MoreNebosh International Diploma5370 Words   |  22 PagesJan 2012 Examiners’ Report NEBOSH International Diploma in Occupational Health and Safety (Unit IA) Examiners’ Report NEBOSH INTERNATIONAL DIPLOMA IN OCCUPATIONAL HEALTH AND SAFETY Unit IA: International management of health and safety JANUARY 2012 CONTENTS Introduction 2 General comments 3 Comments on individual questions 4 ïÆ' £ 2012 NEBOSH, Dominus Way, Meridian Business Park, Leicester LE19 1QW tel: 0116 263 4700 fax: 0116 282 4000 email: info@nebosh.org.uk website: www.nebosh.org.uk Read MoreNebosh IGC 14342 Words   |  18 PagesNEBOSH(IGC-1) TOPIC FOCUS ELE-1 TO ELE-5 1. 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