Running Head: LAW TEST
Law Test
1. Briefly describe each of the main provisions of The Regulatory Reform (Fire Safety) Order 2005 (FSO)
In the first provision the Regulatory Reform (Fire Safety) Order 2005 (FSO) is supposed to come into force in reference to; the article and the article 52 (1) (a) is supposed to come into force on the subsequent day the order is made. The remaining provisions of the order will be enforced on 1st April 2006. The order is applicable to England and Wales (Legislation.gov.uk 2011). This section stipulates that only the first part of the order will be implemented while the remaining section of it will be implemented on 1st April 2006. This is meant to be applied to England and Wales (Northern Ireland and Scotland will be using their own laws).
The second provision provides interpretation for various terms; for instance “child” is a person, who is within compulsory school age in reference to section 8 of the Education Act 1996(3), similarly dangerous substance, fire inspector among others. These terms are clearly explained so as to avoid any misinterpretation by anyone. The third provision tries to explain the meaning of a “responsible person”- it states that in reference to the working situation, as a person who is in control of his working environment. In reference to any premise that is not related to a workplace, it is a person who has control of it that relates to trading or business among others.
The fourth provision tries to explain the meaning of “general fire precautions” as a measure to minimize the risk of fire or the spread of it to premise (s), measure to evade the fire while in a premise, steps to secure the materials in a premise, steps to detect and combat the fire. This provision tries to establish measures for fire precautions that would tackle cases of rise in fire and the available materials and persons.
The fifth Provision tries to ensure that a person in a working environment complies with duties on articles 8 to 22 or 24. In instances that the working situation is not a work place, it is supposed to follow the requirements of the work place so long as it does not go against this order. The duties stipulated in article 8 to 22 or 24 are to be implemented on every individual in the premises or workplace excluding the owner of the premises. Any safety, repair or maintenance should be adhered to in the premises.
Provision six tries to explain the applicability of the provision. The provision however does not apply domestic premises, offshore installation, ship, aircraft, mine or borehole. Provision seven states the situations where the provision is not applicable. The eighth provision tries to explain the duties that a responsible person should take; ensure the safety of his employees and other persons not employees. The nineth provision assesses the risk; it describes the duties that a responsible should take to in reference to this order.
The safety arrangements in an organization should take into consideration the size, nature of activities, monitoring, control and the preventive measures. The dangerous substances in premises should be reduced or eliminated in reference certain sections of the order, like the function of a responsible person. There have to be procedures to be followed when there arises such dangers; fires. These steps are meant to be followed to the latter in rise of fire.
2. Under The Regulatory Reform (Fire Safety) Order 2005 (FSO) do employees have duties with regards to fire safety? If so, what are they? Give examples of how they might arise in a workplace.
Employees also have a part to play in regards to fire safety. In maintenance of the facilities the employee and the owner are meant to take good care of these facilities, equipment and devices. He is also supposed to cooperate and assist the owner or responsible person in the preventive, protective and maintenance measures. The employees are required to take good care of themselves and follow the requirements placed by the employer. Provide relevant information for the safety of other employees.
3. List and briefly describe the types of discrimination covered by the Equality Act 2010.
a. Direct discrimination this is the treatment given to another person that undermines them in reference either sex, and race among others.
b. Combined discrimination is where a person undermines or treats another person differently which he would do the same to another person due to certain characteristics he or she is attributed to.
c. Discrimination the disabled tends to undermine people who are not able to perform certain things due to their disability.
d. Gender reassignment discrimination undermines another person who has changed his or her sex.
e. Pregnancy and maternity discrimination in none work cases represents a situation where a woman is discriminated based on pregnancy; giving birth to a live or dead child. In work cases a woman is discriminated due to her pregnancy; like going on maternity leave.
f. Indirect discrimination is where a person applies measures that are undermining; this may be in what is provided, the structures available to him or practice.
4. Diagrammatically illustrate the hierarchical structure of the UK court system noting the functions of each court.
Hierarchy of the English Law Courts System
5. Under English law what are the duties on landowners when considering the risks that may arise from naturally flowing water?
The law requires the owner to utilize the land in way that does not elevate the risk of flooding to another neighboring property (Environmental Law 2011). To minimize the risk of flooding one should clear the drains in the owner’s property so as to not allow flow of water to the neighbors land. Put in place flood defences and maintain them. The owner is similarly meant to protect his property from flooding. In cases such as septic tanks ensure that the tanks are water tight.
6. To succeed in a claim of private nuisance under English law, what must the claimant demonstrate?
He must show or demonstrate that the defendant’s actions have caused damage. This may be in the form of physical damage or displeasure and inconvenience. This may be used even if the defendant applied steps reasonable steps to avoid nuisance.
7. Briefly explain the ‘neighbour’ rule and name and give brief details of the case from which it developed.
The neighbour rule also called the neighbour principle is where persons are closely and directly affected by my actions and that I am obliged to have them in contemplation as similarly being affected.
The law was established at the common law on the matter of Donoghue v Stevenson in the year 1932, on the notion that people are bound to take care of another person without having any relationship or interaction between them. The duty of care was owed by a manufacturer to a consumer for lack of being responsible when producing his goods. Mrs. Donoghue experienced damages for gastroenteritis and nervous shock. She apparently swallowed a snail in a bottle when taking a ginger beer. Lord Atkin therefore established this based on the liability principle that was there between the two principles to ensure care by the manufacturer so as to not cause harm to consumer. He stated that people are meant to be careful in what actions that they do or omit as it may result to harm to another person. It does not matter whether they had no relation or they had one.
References
Environmental Law 2011. Law & Your Environment: The plain guide to environment law. UK Environmental Law Association.
Legislation.gov.uk, 2011. UK Government Legislation. The National Archives, UK. Retrieved on 27th July 2011 from http://www.legislation.gov.uk/
