The Chinese University of Hong Kong

Faculty of Law

Juris Doctor

2010 – 2011
Term 2

Principles of Tort
Laws 6023 D

Topic 12: Employer Liability in Negligence

End-of-Class Test Questions and Answers

1. Critically evaluate the development of the common law duty of employers to

their employees.

A strong answer to this question will not only outline an employer's common law duty
of care, but locate it within its historical context.

Your answer will need to show that you know how an employer's personal duty of
care operates. You should refer to Wilsons & Clyde Coal Co v English and the various
components of an employer's duty to take reasonable care through:

 'the provision of a competent staff';

 'adequate material';
 'a proper system and effective supervision'; and
 a safe place of work.

You should also consider the scope of recovery. This mirrors the ordinary position in
tort law – although note the position as regards recovery for psychiatric harm in the
workplace in the so-called 'stress at work' cases. You should finally note the defence
of volenti and the case of Smith v Baker and Sons in which the House of Lords finally
accepted that workers had limited choices about their working conditions.