Torts 2 Week 11

What is apart of the unholy trinity of defences available for an employer?

• Common employment defence

• Voluntary assumption of risk

• Contributory negligence

• Criminal behaviour and intoxication

Vicarious liability entails the imposition of liability on one party for the wrong of another even if the person held liable is not at...

A non-delegable duty is a duty which can be delegated to a third party, it is not a personal duty

• True

• False

The CLA is used for employer liability

• True

• False

Which sections determine who a worker is and what an injury is?

• CLA s 11

• CLA s 32

• WCRA s 11

• WCRA s 32

The WCRA ss 33-36 set out in the 'course of employment' includes being at the place of employment and engaged in an activity for, or in connection with, the employer's trade or business. What else does it include?

• Being off-site whilst on employer business

• Ordinary recesses

• Journey claims

• Being an employee generally, but not undertaking work at that time

There are no fault benefits contained within the WCRA

• True

• False

What case determined an employer owes a duty of care to an employee?

• Czatyrko v Edith Cowan University

• Koehler v Cerebos (Australia) Ltd

• Kozarov v Victoria

No duty will be owed if it is not reasonably foreseeable that the plaintiff could suffer psychiatric illness by carrying out the job agreed to under the contract of employment

• True

• False

The general duty on the employer to exercise reasonable care and skill in regard to hiring and training competent staff is...

• In the selection of competent staff

• To ensure they are properly trained

• To maintain discipline amongst the staff

• To dismiss dangerous employees