Common employment
Encyclopedia
Common employment was an historical defence in English tort law
that said workers implicitly undertook the risks of being injured by their co-workers, with whom they were in "common employment".
It was abolished altogether by the Law Reform (Personal Injuries) Act 1948
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English tort law
English tort law concerns civil wrongs, as distinguished from criminal wrongs, in the law of England and Wales. Some wrongs are the concern of the state, and so the police can enforce the law on the wrongdoers in court – in a criminal case...
that said workers implicitly undertook the risks of being injured by their co-workers, with whom they were in "common employment".
Development
The operation of the doctrine was seen in Priestly v Fowler.It was abolished altogether by the Law Reform (Personal Injuries) Act 1948
Law Reform (Personal Injuries) Act 1948
The Law Reform Act 1948 is an Act of the Parliament of the United Kingdom. It was passed during the Labour government of Clement Attlee. It improved the legal position of employees suffering from work-related accidents. In particular, it abolished the doctrine of common employment....
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See also
- Contributory negligenceContributory negligenceContributory negligence in common-law jurisdictions is defense to a claim based on negligence, an action in tort. It applies to cases where a plaintiff/claimant has, through his own negligence, contributed to the harm he suffered...
- Volenti non fit injuriaVolenti non fit injuriaVolenti non fit injuria is a common law doctrine which means that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they will not be able to bring a claim against the other party in tort or delict...
- Ex turpi causa non oritur actioEx turpi causa non oritur actioEx turpi causa non oritur actio is a legal doctrine which states that a claimant will be unable to pursue a cause of action if it arises in connection with his own illegal act...