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Exam question help
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?
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
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