Zusammenfassung der Ressource
legal framework
- criminal law
- punishment of companies and individuals
- broken statute H & S law
- enforcement brought by HSE and local authorities
- HSE powers under HSWA act 1974
- HSE can issue enforcement notices and prosecute
- improvement notice
- prohibition notice
- legal proceedings started within 6 months
- statute law used
- guilt beyond reasonable doubt
- made by parliament in form of acts and regs
- action brought by the state
- civil law
- compensation of people injured at work
- legal proceedings have to start within 3 years
- negligence and breach of statutory duty
- negligence must be proved by 3 tests
- 1) duty of cared owed by defendant to claimant
- 2) duty has been breached
- 3) loss has occured as result
- defence against negligence claim
- contributory negligence / claimant was partly to blame
- common and statute law
- on balance of probabilities
- common law made by judges through previous law cases
- action brought by the individual
- vicarious liability / employer is liable for acts of his employees