In a land-mark judgment in the Court of Appeal, in the case of Edwards v National Coal Board [1949] All ER 743 (CA), Lord Justice Asquith awarded £984 (about £25,000 in today's money) to the widow for the NCB's failure to provide adequate protection against a roof-fall that killed Mr. Edwards. He was killed when an unsupported section of a travelling road in a mine gave way. Only about half the whole length of the road was shored up. The company argued that the cost of shoring up all roads in every mine was prohibitive when compared to the risk. The question at issue was not the cost of shoring up all roads in every mine operated by the company. The issue was the cost of making safe the section of road that fell. Some roads are secure and show no signs of failing. Others may already have fallen and have already been repaired. The section in question was already supported by timber along half its length. The cost of making it safe was not great compared to the risk of injury and loss of life The Judge said that risks should always be reduced unless the employer could demonstrate that there was "gross disproportion" between the costs and the benefits. Explain the term "gross disproportion" and comment on how it is applied in the UK.

Answers

Answer 1

Answer:

Explanation:

The term "gross disproportion" refers to a legal principle that is applied to assess whether the costs of taking a certain action to prevent harm are unreasonably high when compared to the potential benefits or the magnitude of the risk involved. In the case of Edwards v National Coal Board, Lord Justice Asquith used this term to determine whether the National Coal Board (NCB) had failed in its duty to provide adequate protection against a roof-fall that caused Mr. Edwards' death.

In the judgment, Lord Justice Asquith stated that risks should generally be reduced unless the employer can demonstrate that there is a "gross disproportion" between the costs of taking preventive measures and the benefits derived from them. This means that if the cost of preventing harm is unreasonably high compared to the potential benefits or the level of risk involved, then the employer may not be held liable for the resulting damages.

The concept of gross disproportion is a balancing test used to evaluate whether a defendant's actions or omissions were reasonable in a particular situation. It acknowledges that there may be circumstances where the costs of taking preventive measures are so exorbitant that it would be unreasonable to expect a party to undertake them. However, the burden of proof lies with the defendant to establish this gross disproportion.

In the UK, the application of the principle of gross disproportion varies depending on the context and the specific facts of each case. Courts will consider factors such as the seriousness of the risk, the likelihood of harm occurring, the availability of alternative measures, and the financial resources of the defendant. The courts aim to strike a balance between promoting safety and avoiding unduly burdensome obligations on businesses or individuals.

It is important to note that the concept of gross disproportion does not provide a blanket defense for employers or individuals to avoid their responsibilities to ensure the safety of others. It requires a careful assessment of the specific circumstances and a demonstration that the costs of preventive measures are truly excessive in relation to the potential benefits and risks involved.


Related Questions


Which of the following is accurate about the aftermath of the war of the southern freed african americans

Check all of the boxes that apply.

Answers

Answer: all answers choices

Explanation:

Answer:

All of the answers are right.

Explanation:

I got it right

what modern states territory was divided between the british and the french before the start of the french and indian war

Answers

Answer:

The border between French and British possessions was not well defined, and one disputed territory was the upper Ohio River valley.

Explanation:

African American male studies​

African American male studies

Answers

Answer:

B. investigate lynching and other injustices

Select all the correct answers.

Which statement is true about Argentina and El Salvador in the second half of twentieth century?

A.
They elected democratic leaders.
B.
They had kings as rulers.
C.
They remained under European rule.
D.
They were ruled by military juntas.
Reset

Answers

The statement ''They were ruled by military juntas.'' is true about Argentina and El Salvador in the second half of the twentieth century. Therefore, the correct answer is option D.

During this time period, Argentina and El Salvador experienced political instability and periods of authoritarian rule. In Argentina, a military junta known as the National Reorganization Process came to power through a coup in 1976.

The junta ruled with an iron fist, suppressing dissent and engaging in human rights abuses. Similarly, El Salvador faced a civil war from 1980 to 1992, during which military juntas played a significant role in the country's governance.The presence of military juntas indicates that democratic leaders were not in power in Argentina and El Salvador during the second half of the twentieth century. Instead, these countries were under the control of military regimes that often-employed repressive measures to maintain their authority.

The influence of military juntas shaped the political landscape and had significant implications for the social and economic development of both nations during that period.

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when was ww1..........................

Answers

July 28, 1914 that’s when world war 1 happened

Is the source a trustworthy source to use in a research paper? Why or why not? In
your answer, make sure to clearly describe the standards you are using to evaluate it.
Why have you determined that it is or is not a trustworthy one to use?

Answers

Evaluating the trustworthiness of a source for a research paper requires considering several key standards These standards include the author's expertise, the publication's credibility, the presence of bias, and the accuracy of the information presented.

First, assessing the author's expertise is crucial. It is important to determine if the author has relevant qualifications, credentials, or experience in the subject matter. This can be done by reviewing their educational background, professional affiliations, and previous works. If the author is recognized as an expert in the field or has published extensively on the topic, it adds credibility to the source.

Second, evaluating the publication's credibility is important. Reputable sources are typically published in peer-reviewed journals, academic publications, or by well-known publishers. These sources go through a rigorous review process to ensure the accuracy and quality of the information. If the publication is recognized in the academic community or has a strong reputation, it increases the trustworthiness of the source.

Third, it is crucial to assess the presence of bias in the source. Bias can manifest in various forms, such as political, ideological, or commercial biases. Biased sources may present information selectively or manipulate facts to support a particular agenda. It is important to consider multiple perspectives and ensure the source presents a balanced and objective view.

Finally, verifying the accuracy of the information presented is essential. Reliable sources provide evidence, references, or citations to support their claims. They use reliable data, conduct thorough research, and adhere to established research methodologies. Fact-checking the information and cross-referencing it with other reputable sources can help determine its accuracy.

Based on these standards, it is possible to assess the trustworthiness of a source. If the source meets these criteria by having well-qualified authors, being published in reputable venues, exhibiting minimal bias, and providing accurate and verifiable information, it can be considered trustworthy. Conversely, if the source lacks expertise, is published in questionable outlets, demonstrates significant bias, or contains inaccuracies, it may not be suitable for a research paper.

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What is the meaning for B.C?

Hint: A Long Time Ago....

Answers

Answer:

B. C. means Before Christ.

Answer:

before Christ

Explanation:

Which of the following acts required labor unions to bargain with management in good faith?
a. Taft-Hartley Act
b. Wagner Act
c. Landrum-Griffin Act
d. Sherman Act
e. Union Shop Act

Answers

The Wagner Act, also known as the National Labor Relations Act, required labor unions to bargain with management in good faith. The correct answer is: b. Wagner Act

The Taft-Hartley Act amended the Wagner Act and included provisions that allowed the government to intervene in labor disputes, banned closed shops, and required unions to file regular financial reports. The Sherman Act is a federal antitrust law that prohibits certain business activities that reduce competition in the marketplace. The Landrum-Griffin Act regulates internal union affairs and provides protections for union members. The Union Shop Act is a type of labor agreement where workers must join a union after a set amount of time on the job.

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Which of these was a
development during the
Tang and Song Dynasties?
A. gunpowder
B. the plow
C. wine

Answers

Answer:

The Tang Dynasty also invented gunpowder

Explanation:

hope that works

The plow good luck:)

A multilateral diplomatic organization that existed from 1920-1946 that sought unsuccessfully to prevent future wars and the United States never joined is called the:

Answers

League of Nations was the multilateral diplomatic organization that existed from 1920-1946 that sought unsuccessfully to prevent future wars and the United States never joined.

What is League of Nations?

The first global intergovernmental organization whose major goal was to promote peace in the globe was the League of Nations. On January 10, 1920, the Paris Peace Conference, which put an end to World War One, established it. On April 20, 1946, the primary organization ended operations, although many of its constituent parts were moved into the newly formed United Nations.

The Covenant of the League set forth the League's main objectives. They included the averting of wars by means of disarmament and collective security as well as the resolving of international conflicts through negotiation and arbitration. Other issues it was concerned about included working conditions, fair treatment of indigenous people, drug and human trafficking, the arms trade, world health, prisoners of war, and the safety of minorities in Europe.

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Legislative, Judicial, and Executive branches came from what plan?

Answers

The Legislative, Judicial, and Executive branches of the United States government came from the Virginia Plan.

The Virginia Plan was a proposal for a new government framework presented at the Constitutional Convention in 1787 by Virginia delegates James Madison and Edmund Randolph. The plan called for a strong national government with a bicameral legislature, with representation based on population, and an executive and judiciary branch to be appointed by the legislature. The Virginia Plan served as the basis for much of the drafting of the United States Constitution, and its principles continue to shape the functioning of the federal government today.

The Virginia Plan was put forward by James Madison and Edmund Randolph, among others, and it called for a strong national government with a bicameral legislature, a judiciary, and an executive branch. The plan was designed to address the weaknesses of the Articles of Confederation, which had created a weak federal government unable to address the needs of the newly formed United States.

These three branches were intended to provide a system of checks and balances on each other, with the Legislative branch having the power to make laws, the Judiciary branch having the power to interpret laws, and the Executive branch having the power to enforce laws. This system was designed to prevent any one branch from becoming too powerful and to protect the rights and freedoms of the American people. Ultimately, the Virginia Plan served as the basis for the Constitution of the United States, which was ratified in 1788 and remains the supreme law of the land today.

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What helped the Cherokee survive on the Trail of Tears?
A. Mothers and children were allowed to ride in wagons.
B. They hunted game to eat.
C. Soldiers made sure that there were blankets for all.
D. They were supported by people in towns on the way.

Answers

Answer:

They hunted game to eat.

Explanation:

Mexican rebel pancho villa began attacking ___________ in mexico and across the border. a. us naval ships c. us army troops b. u.s. civilians d. all of the above

Answers

Mexican rebel pancho villa started attacking a bloody civil war in Mexico and across the border.

When did Pancho Villa attack New Mexico?

March 9, 1916

On March 9, 1916, the Mexican revolutionary, Pancho Villa, crossed the international border with more than 500 men and plundered Columbus, N.M., killing 17 Americans. The next day, Brig.

What was Pancho Villa battling for?

Francisco "Pancho" Villa (born José Doroteo Arango Arámbula; June 5, 1878–July 20, 1923) was a Mexican revolutionary leader who supported for the poor and land reform. He helped lead the Mexican Revolution, which finished the reign of Porfirio Díaz and led to the design of a new government in Mexico.

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the first clash of the french and indian war took place near what is now

Answers

The first clash of the French and Indian War took place near what is now Uniontown, Pennsylvania.

The conflict was sparked by a dispute between the French and British over control of the Ohio River Valley, a region that was rich in resources and strategically important for trade and settlement. In 1753, the British government sent a young officer named George Washington to the region to demand that the French withdraw from the area. When the French refused to leave, Washington led a force of Virginia militia to build a fort at the forks of the Ohio River, near present-day Pittsburgh. The French responded by sending a force to capture the fort, which they did in May 1754, in what became known as the Battle of Jumonville Glen. The Battle of Jumonville Glen was a small skirmish that resulted in the death of the French commander, Joseph Coulon de Villiers de Jumonville. The battle marked the beginning of the French and Indian War, a conflict that would last for nine years and involve major powers such as France, Great Britain, and Spain. The war would shape the future of North America and have far-reaching consequences for the indigenous peoples of the region.

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United states government could not.. (Based on the Articles of Confederation)
1.
2.
3.
*3 answers, please

Answers

1. Support their country with the amount of supplies given to British 2. Pay taxes on imported goods 3. Can not survive in colonies.

Which early civil rights leader was considered radical because he demanded immediate equality and integration for all African Americans?

A. Booker T. Washington
B. George Washington Carver
C. W.E.B. DuBois
D. Martin Luther King, Jr.

Answers

Answer:

C. W.E.B. DuBois

Explanation:

DuBois felt that renouncing the goal of complete integration and social equality, even in the short run, was counterproductive and exactly the opposite strategy from what best suited African Americans. His group was denounced as radical by most whites at the time. Educated African Americans, however, supported the resolutions.

Was it ethical for Europeans to settle on a tribes ancestral lands?

Answers

Answer:

No, if that was ethical, then it should also be ethical for me to just go to my neighbors house and say,"This is mine now."

Britain hoped that by enforcing the Navigation Acts, they would weaken their rivals, especially the
Spanish.
French.
Italians.
Dutch.

Answers

They especially weakened the Dutch

Answer:

Dutch

Explanation:

what is the message behind cassius drawing his dagger?

Answers

In Julius Cacesar, Cassius draws his dagger to convince Brutus to join the conspiracy against Caesar.

The message behind Cassius drawing his dagger is to show the seriousness of the situation and the importance of taking action. In Act I, Scene 2, Cassius uses a metaphor about a “serpent’s egg” to persuade Brutus that he needs to take action to stop Caesar before he becomes too powerful and dangerous.The dagger is used to imply that the situation is so dire that drastic measures need to be taken. Cassius is trying to appeal to Brutus’ sense of duty and patriotism. He is trying to make him realize that he has a responsibility to save Rome from tyranny and that the only way to do so is by joining the conspiracy.

Therefore, Cassius drawing his dagger is a dramatic moment in the play that marks the beginning of the conspiracy and sets the tone for the rest of the play. It conveys the urgency and seriousness of the situation and shows how high the stakes are for all the characters involved.

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The Johnson administration Group of answer choices sent the first American military advisers to South Vietnam. believed all of Vietnam should be restored to French control. inherited a substantial American commitment to maintain South Vietnam. sent the first American combat troops to South Vietnam. began removing military advisers from South Vietnam.

Answers

Answer:

inherited a substantial American commitment to maintain South Vietnam

Explanation:

At the beginning of 1964, the Lyndon Johnson administration inherited a substantial American commitment to maintain South Vietnam. This was evident back in Kennedy's administration in 1963, where the overthrown government of South Vietnamese President Ngo Dinh Die was supported by the Kennedy administration.

John F. Kennedy, would later died in November 1963, as a result of assassination, led to the Lyndon B Johnson to continue his administration as president.

Hence, at the beginning of 1964, the Lyndon Johnson administration inherited a substantial American commitment to maintain South Vietnam.

PLS HELP THIS IS WORTH A 100 POINTS {I AM GIVING BRAINIEST FOR SOMEONE WHO ANSWERS CORRECTLY}

____ and meaning are part of our every day lives

A.TV

B. Gables

C. Drama

Answers

Answer: The answer is B. Gables

Answer:

B

Explanation:

The Treaty of Yakama forced the Indian tribe to cede

Answers

Answer:

i think the treaty of yakama

Explanation:

i hope this helps!

Answer:

the answer is A) a vast majority of land to the US government.



In a P.E.S.T. analysis, what does the "E' stand for?

Answers

Answer: political, economic, social, and technological

PEST analysis stands for political, economic, social, and technological. This type of analysis is used to gauge external factors that could impact the profitability of a company.

Explanation:

what was the treaty of versailles? what were the terms?
why was germany so upset over the treaty of versailles? how did it punish them? what did they give up?
how did the treaty of versailles help lead to the rise of hitler, the nazis, and ww2

Answers

a. The Treaty of Versailles was the peace treaty that ended World War I, imposing harsh terms on Germany.

b. Germany was upset over the treaty's blame, reparations, territorial losses, and military restrictions.

c. These grievances and economic hardships paved the way for Hitler, the Nazis, and World War II.

a. The Treaty of Versailles was a peace treaty signed on June 28, 1919, that officially ended World War I. It was negotiated among the Allied powers, primarily the United States, France, and Britain, and imposed several terms on Germany. The treaty assigned full blame for the war on Germany and its allies, resulting in significant economic and territorial penalties.

b. Germany was deeply upset over the treaty for several reasons. Firstly, it was forced to accept sole responsibility for the war, leading to a sense of humiliation and national resentment. Secondly, the treaty imposed massive reparations on Germany, amounting to billions of dollars, which severely strained its economy. Germany was also required to reduce its military forces, give up territory, and dismantle its overseas colonies.

c. The punitive terms of the Treaty of Versailles played a significant role in the rise of Adolf Hitler, the Nazi Party, and ultimately World War II. The severe economic hardships caused by reparations, combined with the feeling of national humiliation, created a fertile ground for extremist ideologies. Hitler exploited these sentiments, promising to restore Germany's former glory and overturn the treaty's perceived injustices.

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During the US occupation of Japan after World War II, Japan’s military was
used to help rebuild cities.
retrained by the US military.
used to help build a police force.
dismantled by the US military.

Answers

During the US occupation of Japan after World War II, Japan’s military was used to help rebuild cities.

After World War II, with Japan's economy on the verge of collapse (as the Allies forced Japan to recover its war losses), trade consisted essentially of staple foods and raw materials

At that time, the United States conquered and rebuilt Japan after its defeat in World War II. The U.S. occupiers promulgated political reforms when their governments were converted to democracies, promulgated military reforms when their empires were dismantled, reorganized their social, educational and economic systems, It was rebuilt over the years under the leadership of General Douglas A. MacArthur. During the war itself, the groundwork was laid for the Allied conquest of defeated Japan.

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Answer: D: dismantles by the US military.

Explanation: trust

How does Toussaint propose to save Haiti from the threat of Napoleon and to rebuild the economy?

Answers

Answer: At first he had others unite with him for liberty and equality. This led to numerous revolts led by him. Finally Toussaint and Napoleon agreed to terms of peace. Napoleon agreed to recognize the independence of Haiti and Toussaint would retire from public life.

And to rebuild the economy he appointed whites to positions of influence in his government.

Explanation:

comparing colonial passenger lists read the contextual information below about colonization in america.

Answers

Comparing colonial passenger lists involves analyzing and comparing the names, demographics, and reasons for migration of individuals who traveled to the American colonies during the colonial period. By examining multiple passenger lists and considering the historical context, you can gain a deeper understanding of the process of colonization in America.

Colonization refers to the process of establishing and settling colonies in a new territory by a foreign power. In the context of colonization in America, passenger lists were documents that recorded the names of individuals who traveled to the colonies during the colonial period.

To compare colonial passenger lists, you can follow these steps:

1. Obtain multiple colonial passenger lists from different time periods and regions. These lists can be found in archives, historical societies, or online databases.

2. Analyze the passenger lists for similarities and differences. Look for common patterns such as the names of passengers, their ages, occupations, and countries of origin. Also, pay attention to any unique information or circumstances mentioned in the lists.

3. Compare the passenger lists based on specific criteria. For example, you can compare the number of passengers on different ships, the demographic characteristics of the passengers, or the reasons for their migration.

4. Consider the historical context. Take into account the specific time period and region in which the passenger lists were created. This can provide insights into the reasons for colonization, such as economic opportunities, religious freedom, or political motivations.

5. Analyze the impact of colonization. Consider how the colonization process affected both the colonizers and the indigenous peoples. Look for evidence of cultural exchange, conflicts, or the establishment of new communities.

In conclusion, comparing colonial passenger lists involves analyzing and comparing the names, demographics, and reasons for migration of individuals who traveled to the American colonies during the colonial period. By examining multiple passenger lists and considering the historical context, you can gain a deeper understanding of the process of colonization in America.
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I NEED HELP WITH THIS. ANWSERING THE QUESTION!!​

 I NEED HELP WITH THIS. ANWSERING THE QUESTION!!

Answers

Answer: I’m sorry but I don’t know the choices

Explanation:

ANSWER ASAP

The Articles of Confederation established a government that was structured as
a:
O Oligarchy
Confederation
Monarchy
o Federal System

Answers

Federal system for the constitución

The changes in the distribution of cities in the period 1800 to 1900 C.E. Best illustrate the impact of the Atlantic revolutions the Atlantic revolutions A the Industrial Revolution the Industrial Revolution B he abolition of slavery he abolition of slavery C improvements in urban policing and public safety

Answers

Answer: Industrial Revolution

Explanation: I saw the graph on the test I’m taking and that’s what I picked <3

The changes in the distribution of cities in the period 1800 to 1900 C.E.  illustrates the impact of the Industrial Revolution.

Industrial Revolution

The changes in the cities in the period 1800 to 1900 C.E was the result of industrialization.

Many cities and towns were establishing manufacturing industries on a larger scale.

Rural people moved out to live in urban areas to find a better opportunities.

The moving of the rural population in the urban areas led to urbanization in cities.

Transportation and big offices began to emerge in cities, which led to a financial centre.

Therefore we can conclude that Industrial Revolution plays a significant role in changing cities from 1800 to the 1900s.

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Check all that apply.had been busy, tooonly two days before the next gameno matter what the principal saidto satisfy the protesting playersand shame the racist fans . [3] prove the correctness of the following recursive algorithm to multiply two natural numbers, for all integer constants c 2. Read each interpretation of the same event. Which one presents the mostneutral perspective?A. Most people from Ohio are in favor of the pay increase forworkersOB. If the state sides with the majority, it will raise wages and ruinbusinessesC. Ohioans everywhere have spoken, and they demand higher pay.D. While it might be good for everyday Ohioans, higher wages are badbusiness will give brianliest Which of the following sentences is correctly capitalized?Question 2 options:Can we watch Back to the Future tonight, Dad?Can we watch Back to the future tonight, Dad?Can we watch Back to the Future tonight, dad?Can we watch Back To The Future tonight, Dad? 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Given that the compound is comprised of 54.53 % C, 9.15% H and 36.32% O what is the empirical formula of the compound when residents in low-income neighborhoods create caretaking and financial support networks with other residents outside of kinship bonds, they have simplify 2 2/5 x 1 2/5A. 8/25B. 84/25C. 2 4/25D. 3 9/25please hurry due in 11 min!!!