Jersey Judgment

Farcy v E. Flaherty & Co. Ltd. [1972] JJ 2095 (12 July 1972)

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Source document

01

Holding and result

The employer's duty of care extends to all aspects of workplace safety, and this duty is heightened where the work is inherently dangerous, requiring proactive management and supervision.

02

Material facts

Parties

Farcy

Plaintiff

E. Flaherty & Co. Ltd.

Defendant

03

Procedural history

  1. Posture

    Civil / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The employer failed to take reasonable care to ensure the safety of the workplace, plant, machinery, and method of work, particularly given the inherent dangers involved.
Respondent
The employer exercised reasonable care and fulfilled its duty by appraising conditions, determining the method of work, and ensuring it was carried out accordingly.

05

Court’s reasoning

  1. 01

    Farcy v E. Flaherty & Co. Ltd. [1972] JJ 2095

    An employer has a duty to take reasonable care to ensure the safety of the place of work, plant and machinery, and the method and conduct of work. If the work is inherently dangerous, management must appraise conditions, determine the method of work, and ensure it is carried out accordingly.

06

Ratio, limits and disposition

Ratio decidendi

The employer's duty of care extends to all aspects of workplace safety, and this duty is heightened where the work is inherently dangerous, requiring proactive management and supervision.

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Judgment

[1972] JJ 2095

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BAILII >> Databases >> Jersey Law Reports >> Farcy v E. Flaherty & Co. Ltd. [1972] JJ 2095 (12 July 1972) URL: https://www.bailii.org/je/cases/JLR/1972/JLR722095.html Cite as: [1972] JJ 2095 [ New search ] [ Help ] Farcy v E. Flaherty & Co. Ltd. 1972 J. J. 2095 (12 July 1972) Employment-safety-safe system of work-duty of employer to take reasonable care to ensure safety of, e.g. place of work, plant and machinery, method and conduct of work-if work inherently dangerous, management duty to appraise conditions, determine method of work and ensure carried out accordingly The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1972 J. J. 2095 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1972/JLR722095.html

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Farcy v E. Flaherty & Co. Ltd. [1972] JJ 2095

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