The New Laws of Employers' Liability in England and France and Their Bearing on the Law of the Province of Quebec: With the Text of the Two ActsC. Theoret, 1900 - 67 من الصفحات |
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الصفحة 12
... person , but for the fault of a thing i . e . , of a thing which he had under his care . Upon this theory an employer who places a machine or a tool under the control of a workman is held to have guaranteed that it shall not injure him ...
... person , but for the fault of a thing i . e . , of a thing which he had under his care . Upon this theory an employer who places a machine or a tool under the control of a workman is held to have guaranteed that it shall not injure him ...
الصفحة 13
... persons to do so , and to furnish them with adequate materials and resources for the work . When he has done this , he has in my opinion , done all that he is bound to do . And if the persons so selected are guilty of negligence , this ...
... persons to do so , and to furnish them with adequate materials and resources for the work . When he has done this , he has in my opinion , done all that he is bound to do . And if the persons so selected are guilty of negligence , this ...
الصفحة 14
... person is responsible for the damage caused by the fault of persons under his control . This view is now sustained by a uniform jurisprudence . ( See Pothier , Oblig . , No. 121 ; Sourdat , " Traité de la Responsabilité , " 2 , s . 911 ...
... person is responsible for the damage caused by the fault of persons under his control . This view is now sustained by a uniform jurisprudence . ( See Pothier , Oblig . , No. 121 ; Sourdat , " Traité de la Responsabilité , " 2 , s . 911 ...
الصفحة 18
... person might have got out of the way of the danger . An employer must take special care of em- ployees whose youth is likely to make them thought- less , ( Bartonshill Coal Co. v . McGuire , 3 Macqueen , 311 ) . In a recent case , the ...
... person might have got out of the way of the danger . An employer must take special care of em- ployees whose youth is likely to make them thought- less , ( Bartonshill Coal Co. v . McGuire , 3 Macqueen , 311 ) . In a recent case , the ...
الصفحة 20
... person who is guilty of negligence , and thereby produces mischief to another , has no right to say : Part of that mischief would not have arisen if you yourself had not been guilty of some negligence . ' I think that where the ...
... person who is guilty of negligence , and thereby produces mischief to another , has no right to say : Part of that mischief would not have arisen if you yourself had not been guilty of some negligence . ' I think that where the ...
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عبارات ومصطلحات مألوفة
accident anonyme Act applies allouée amount annuity autres ayants droit boiler caisse nationale certificat chef d'entreprise claim Code Civil common law compensation contract contributory negligence county court judge Cour de Cassation defect defence dependants Dorais earnings employer employment England and France English law entitled être Factory fait fault fellow workman frais France French law Friendly Societies garantie incapacity indemnités injury judiciaire juge de paix jury l'accident l'article l'incapacité l'indemnité l'ouvrier le chef d'entreprise legal personal representative les six liable lump sum matter montant Montreal nationale des retraites Office Savings Bank old law ouvriers parties payable pendant pensation pension peut plaintiff ployer Post Office Savings pourra pourront présente loi prévue prove proximate cause railway Registrar of Friendly rente viagère responsabilité risks Roman law Royal rules of court s'il salaire annuel Schedule scheme sera sheriff sheriff court sociétés tion titre travail tribunal unless victimes d'accidents vols weekly payment
مقاطع مشهورة
الصفحة 41 - ... as practicable after the happening thereof, and before the workman has voluntarily left the employment in which he was injured ; and unless the claim for compensation with respect to such accident has been made within six months from the occurrence of the accident causing the injury, or, in case of death, within six months from the time of death...
الصفحة 39 - When the injury was caused by the personal negligence or wilful act of the employer or of some person for whose act or default the employer is responsible, nothing in this Act shall affect any civil liability of the employer, but in that case the workman may, at his option, either claim compensation under this Act or take proceedings independently of this Act...
الصفحة 39 - Act; but the employer shall not be liable to pay compensation for injury to a workman by accident arising out of and In the course of the employment both independently of and also under this Act, and shall not be liable to any proceedings independently of this Act, except in case of such personal negligence or wilful act as aforesaid.
الصفحة 50 - A weekly payment, or a sum paid by way of redemption thereof, shall not be capable of being assigned, charged, or attached, and shall not pass to any other person by operation of law, nor shall any claim be set off against the same.
الصفحة 39 - If in any employment to which this Act applies personal injury by accident arising out of and in the course of the employment is caused to a workman. his employer shall, subject as herein-after mentioned, be liable to pay compensation in accordance with the First Schedule to this Act.
الصفحة 47 - ... a sum equal to his earnings in the employment of the same employer during the three years next preceding the injury, or the sum of one hundred and fifty pounds whichever of those sums is the larger, but not exceeding in any case three hundred pounds...
الصفحة 41 - Provided always that (a) the want of or any defect or inaccuracy in such notice shall not be a bar to the maintenance of such proceedings if it is found in the proceedings for settling the claim that the employer is not...
الصفحة 50 - Where a workman has given notice of an accident, he shall, if so required by the employer, submit himself for examination by a duly qualified medical practitioner provided and paid by the employer, and, if he refuses to submit himself to such examination, or in any way obstructs the same, his right to compensation, and to take or prosecute any proceeding under this Act in relation to compensation, shall be suspended until such examination has taken place.
الصفحة 44 - Where the injury for which compensation is payable under this Act was caused under circumstances creating a legal liability in some person other than the employer...
الصفحة 50 - Any weekly payment may be reviewed at the request either of the employer or of the workman, and on such review may be ended, diminished or increased, subject to the maximum above provided, and the amount of payment shall, in default of agreement, be settled by arbitration under this act.