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By Roberick L. Denyer LL.M. (auth.)

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In other words, if an employer knows that he has a practical joker on his hands but does nothing about it, he may be acting in breach of his duty. Where he has no reason to know that an individual is that way inclined, he will not, without more knowledge, be found to be in breach of duty. These then are some illustrations of the employer's common law duty. ' Finally, the effects of the Employer's Liability (Compulsory Insurance) Act, 1969, should be noted. The Act provides (by Section 1(1)) as follows: ' ...

As Lord Wright said in Wilson's Clyde Coal v. C. 57, 'the obligation is threefold - the provision of a competent staff of men, adequate material, and a proper system and effective supervision'. However, this list should not be taken as exhaustive. The duty is indivisible. The question is always whether, in any given fact situation, the employer has discharged his duty. It must always be borne in mind that the duty is only to take reasonable care; it is in no sense an absolute duty. What is the standard of care required in any particular situation to discharge this duty is a question of fact, and may vary according to the personal characteristics of the worker involved.

Ing clerk. He induced her to give him instructions to sell the cottages and to sign two documents which he told her were necessary for the sale but which were in fact a conveyance of the cottages to himself. He then disposed of the property for his own benefit. The defendants, who had in no way benefited, were held liable to reimburse the plain· tiff for their managing clerk's fraud. The clerk was doing that which he was employed to do, but was doing it dishonestly. 3. Servant acting totally outside the scope of his employment Where the servant injures someone in the course of doing something totally different from that which he was employed to do, his employer will not be liable.

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