ABSTRACT

It has been noted that from the very first case a number of fundamental issues were discernible as to the framework of civil liability. These issues have retained their importance throughout the long development of liability for personal injuries. They are of relevance to both common law liability and liability for breach of statutory duty. In this chapter consideration will be given to the way in which they impact on compensation law today, under the following headings:

(a) strict or fault liability? (b) is there a distinction between employers’ and public liability? (c) where are the boundaries of organisational responsibility? (d) the relevance of insurance.