The Administration of The Workmen's Compensation Acts1
| DOI | http://doi.org/10.1111/j.1468-2230.1941.tb02810.x |
| Published date | 01 July 1942 |
| Date | 01 July 1942 |
| Author | L. E. Hammond |
THE WORKMEN’S COMPENSATION ACTS
21
5
is
also open to any court to hold that the lessor or vendor is
under
a
duty of care in tort to disclose such defect (whether
before or after the lease or sale is made), and that if he breaks
this duty he is liable for damage resulting from this breach to the
person or to the property of the lessee
or
purchaser or of
third persons lawfully on the premises. It is further submitted
that it is open to the House of Lords to create a fifth exception
(on the lines of
Donoghue
v.
Stevenson)
by holding that
a
person
who builds on his own land and then leases or sells the land and
building is liable in tort for negligence if the building negligently
contains a defect that causes damage to the person
or
to the
property of the lessee or purchaser or of third persons. However,
the lessor or vendor is not regarded
as
negligent if he has com-
municated the defect to the tenant or if he reasonably anticipated
that the tenant would perceive it.
(b)
A
person who contracts to build, repair or
fit
premises or
fixtures
is
liable in tort for negligence if his work negligently
contains
a
defect that causes damage to the person
or
to the
property of the other contracting party or of third persons. It
is submitted that it makes no difference that the defendant is
also a vendor or lessor of the premises. But once again the
defendant is not regarded as negligent merely because his work
contains an element of danger to others, if he reasonably antici-
pated that the danger would be seen and counteracted by another
person. Finally, a person who contracts to build, repair or fit
premises is not liable in tort for a pure nonfeasance.
GLANVILLE
WILLIAMS.
THE ADMINISTRATION
OF
THE
WORKMEN’S COMPENSATION ACTS
I
was very interested in Miss Chr-mbers’ article on
“
Some Aspects of
Workmen’s Compensation.” There are one or two comments
1
should like
to make.
I
do not think that the attack on Insurance Companies is
altogether fair. Insurance companies are very jealous
of
their reputation
and do not permit their staffs to take actions that bring discredit on them
;
there have probably been
a
number
of
instances where unfair advantage
has been taken, but
I
am afraid undue prominence has been given to these
cases.
Against this it must be remembered that there are
“
black sheep”
amongst workpeople. Not only are there malingerers but also those suffer-
ing from “cornpensitis” the only cure for which is
a
lump sum payment.
The
author has had practical experience
of
insurance
work
in
workmen’s
cases.
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