NEBOSH Diploma Unit A Questions With Complete Solutions

What are the 5 conditions to allow tort of breach of statutory duty? (tbsd) correct answer: 1. The statute permits a civil action for breach of statutory duty. 2. The class of person is one that the statute was designed to protect (eg employee) 3. The breach is one that the statute was designed to protect. 4. Failure to carry out the duty. Depends on how the breach is qualified...eg Furness v midland bank water drops failed on this point. 5. The breach led to damage or injury. res ipsa loquitur correct answer: 'The thing speaks for itself'. Sometimes the facts of the case 'speak for themselves' in which case it is up to the defendant to explain it, rather than the usual claimant to prove. Scott v London Docks..bag of sugar fell from crane case. The but for test correct answer: If the damage would not have occured BUT FOR the defendants breach of duty, then the breach IS the cause of the damage. If the damage would still have occured, even if the defendant had not broken the DOC, then the breach did NOT cause the damage. Section 2(3) safety policy correct answer: The employer to prepare and revise as necessary a written stat