5

Employers’ Liability

Introduction

Questions on employers’ liability often appear in examinations. As the topic is only a specialised branch of the law of negligence, it does not introduce any new legal concepts, but generally tests such areas as breach, causation, remoteness, contributory negligence and vicarious liability. The topic may be combined with breach of statutory duty. Students should refer to Chapters 4 and 8 for examples of questions that involve an element of employers’ liability. The non-delegable nature of employers’ duties should be noted, especially where independent contractors are involved.

Question 14

Ken is employed by ...

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