Introduction to Health and Safety at Work

1.7.3
The relationship between the sub-divisions 
and sources of law
The two sub-divisions of law may use either of the two 
sources of law. For example, murder is a common law 
crime. In terms of health and safety, however, criminal 
law is only based on statute law, whereas civil law may 
be based on either common law or statute law. This rela-
tionship is shown in Figure 1.3.
In summary, criminal law seeks to protect everyone 
in society whereas civil law seeks to recompense the 
individual citizen.
1.8 
Common law torts and duties
1.8.1 Negligence
The only tort (civil wrong) of real signifi cance in health 
and safety is negligence. Negligence is the lack of rea-
sonable care or conduct which results in the injury, dam-
age (or fi nancial loss) of or to another. Whether the act or 
omission was reasonable is usually decided as a result 
of a court action.
There have been two important judgments that 
have defi ned the legal meaning of negligence. In 1856, 
negligence was judged to involve actions or omissions 
and the need for reasonable and prudent behaviour. In 
1932, Lord Atkin said,
You must take reasonable care to avoid acts 
or omissions which you reasonably foresee 
would be likely to injure your neighbour. Who 
then, in law is my neighbour? The answer 
seems to be persons who are so closely 
and directly affected by my act that I ought 
reasonably to have them in contemplation 
as being so affected when I am directing 
Figure 1.3
Sub-divisions and sources of law.
S
o urces of L
a
w
Common Law
Statute Law
Overa
ll F
ra
me