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NEBOSH Diploma Unit A. Top Exam Questions and answers, 100% Accurate.
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NEBOSH Diploma Unit A. Top Exam Questions and answers, 100% Accurate. What are the 5 conditions to allow tort of breach of statutory duty? (tbsd) - -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...

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  • June 13, 2023
  • 7
  • 2022/2023
  • Exam (elaborations)
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NEBOSH Diploma Unit A. Top Exam
Questions and answers, 100% Accurate.


What are the 5 conditions to allow tort of breach of statutory duty? (tbsd) - ✔✔-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 - ✔✔-'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 - ✔✔-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 - ✔✔-The employer to prepare and revise as necessary a written statement of
his general policy with respect to his health and safety at work Of his employees and the organisation
and arrangements in force for carrying out the policy



S40 Reverse Burden of Proof - ✔✔-In real terms it means that it is not for the prosecution to prove guilt
but for the defence to show that they are not guilty. How are you to demonstrate that you have reduced
the risks to as low as reasonably practicable?

, Acts of Parliament - ✔✔-Green, white, 1/2/C/R/3 repeat, Amendments/Q/act!



Public information disclosure act - ✔✔-A criminal offence is being committed

A person is failing to comply with a legal obligation

HS of any individual is endangered

Environmental damage

A miscarriage of justice



Schedule I principles of prevention - ✔✔-Practice A Policy means develop an overall coherent
preventative policy that covers SECTOr. (Social relationships environment, conditions, technology, ORg
of work)



Reg 10 info for employees - ✔✔-Risks to their HS (3)

Pr and Prv measures (4)

Procedures for SID and DA and evac personnel (8)

Risks created by another er if workplace sharing. (11)

34811 trvtt



Contract key points - ✔✔-Offer and Acceptance

Intention to create legal relations

Written contract may be required

Consideration (value)

Mental capacity must be sound

genuineness of consent

Not contrary to public policy



Accident Incidence Rate - ✔✔-# of accident injuries ÷ number of persons employed



Accident Frequency Rate - ✔✔-# of accident injuries ÷ Total # hours worked

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