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Bee injured her eye after failing to close a safety gate on a machine as instructed. She was also not wearing mandatory safety goggles as required by her contract of employment.
Which of the following is this an example of?
A. Volenti non fit injuria
B. Res ipsa loquitur
C. Novus actus interveniens
D. Contributory negligenceQ>. Why is it not contributory negligence but vooenti non fit injuries? Clearly he has contributed to his damages by his negligence to not follow the safety rules no?
Thank you sir
If your employer points out to you that work cannot proceed until a necessary task is performed and you take it upon yourself to perform that task without the knowledge of your employer and you’re injured in the performance, that would be an example of volenti ….
…. and there’s a strong case for claiming that Bee was a volunteer and should not be able to sue the employer
However, the employer should themselves have a supervision system to ensure that all employees are continuously acting in accordance with the employer’s instructions and it would seem that, in this case, there was a breakdown in the employers’s procedures
My instinct is to say that the answer should be option A volenti
Where’s the question from? I hope it’s not one of mine!
OK?
Ah.. so not following safety instructions is an example of assuming risk of potential damages? and therefore it is volenti non fit injuria?
2. If there was insufficient supervision system mentioned and the employee committed an offence during the course of employment it is vicarious liability?
This was one of the question in the F4 specimen exam from ACCA.
Yes
Yes, it probably is a matter of vicarious liability though vicarious liability tends to be a liability towards some third party as a result of your employee’s negligence
It seems more likely to me that it’s contributory negligence on behalf of the employer although it may just be a simple matter of being in breach of Health and Safety legislation
OK?
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