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The Abolition of the Doctrine of Common Employment

Published online by Cambridge University Press:  16 January 2009

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Extract

The defence of common employment has been abolished by the Law Reform (Personal Injuries) Act, 1948 (11 & 12 Geo. 6, c. 41; it came into effect, in general, on June 30, 1948), section 1 of which negatives it as a defence to an employer who is sued by his servant for personal injuries caused by the negligence of a fellow-servant; repeals the Employers' Liability Act, 1880; and makes void any provision in a contract of service or apprenticeship, or in an agreement collateral thereto, which excludes or limits the liability of the employer in respect of personal injuries to the person employed by the negligence of any person in common employment with him. Section 1 does not apply to causes of action accruing before the National Insurance (Industrial Injuries) Act, 1946, came into effect.

Type
Research Article
Copyright
Copyright © Cambridge Law Journal and Contributors 1949

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