ABSTRACT
This chapter identifies the essential elements of the common law duty and explains the ways in which the common law duty has been expanded. It analyses aspects of employers’ liability and examines the law to factual situations and reach conclusions as to liability. Employers’ liability is a well-developed principle that is to be found in both the common law and statute. The employer can avoid liability if he actually provides adequate equipment but the employee misuses the equipment or fails to make proper use of it. Colliery owners had tried to delegate their responsibilities and liability under various industrial safety laws to their colliery manager by contractually making him entirely responsible for safety. The defendant council admitted liability ‘in the door of the court’ and compensated the claimant. The claimant had worked for the bank for many years when he began to suffer depression.
