Turotial 1.doc - TUTORIAL(A EMPLOYERS LIABILITY(B OCCUPIERS...

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TUTORIAL (A) EMPLOYERS’ LIABILITY, (B) OCCUPIERS’ LIABILITY, AND (C) PRODUCT LIABILITY Aims and Objectives (a) To consider the rules on employers’ liability, occupiers’ liability and product liability (b) To consider the appropriateness of the law in these area Learning Outcomes Attentive students should have acquired: (a) A better understanding of the rules on employers’ liability, occupiers’ liability and product liability (b) A better appreciation of the appropriateness of the law in this area (A) EMPLOYERS’ LIABILITY Essential pre-tutorial reading LO: Chapter 11, 545-557, and Chapter 15 Wilsons and Clyde Coal Ltd v English [1938] AC 57 Barber v Somerset County Counci l [2004] UKHL 13 Thompson v Smiths Shiprepairers (North Shields) Ltd [1984] 1 All ER 881 Coxall v Goodyear Great Britain Ltd [2002] EWCA Civ 1010 ICI v Shatwell [1965] AC 656 Viasystems (Tyneside) Ltd v Thermal Transfer (Northern) Ltd [2005] EWCA Civ 1151 Biffa Waste Services Ltd v Maschinenfabrik Ernst Hese GmbH [2008] EWCA Civ 1238 Various Claimants v Catholic Child Welfare Society and others [2012] UKSC 56 Cox v Ministry of Justice [2014] EWCA Civ 132 Lister v Hesley Hall [2001] UKHL 22 Maga v Birmingham Roman Catholic Archdiocese Trustees [2010] EWCA Civ 256 Mohamud v WM Morrison Supermarkets Plc [2014] EWCA Civ 116 Additional reading D. Brodie, ‘Enterprise Liability: Justifying Vicarious Liability’ (2007) 27 OJLS 493 J. Elvin, ‘Can an Employer be under a Duty to Dismiss an Employee for his own Good in Order to protect his Health?’ (2003) 62 Cambridge Law Journal 20 J. Elvin, ‘How Should the Law Respond to Stress-Related Claims?’ (2010) 21 King’s Law Journal 41 S. Tofaris, ‘Who Pays for the Sub-Contractor’s Negligence? Vicarious Liability and Liability for “Extra-Hazardous Activities” Re-Examined’ (2010) 69 Cambridge Law Journal 13 Paris v Stepney Borough Council [1951] AC 367 Hudson v Ridge Manufacturing Co Ltd [1957] 2 QB 348
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Davie v New Merton Board Mills Ltd [1959] AC 604 Coltman v Bibby Takers Ltd [1988] AC 276
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