Cassidy v. Ministry of Health (1951)2 KB 343, at p. 365. 3.Employers' Liability The duties which the employer owes at Common Law towards persons s/he employs. These duties are now considerably supplemented by the vast number of duties which are imposed on employers for the protection of workmen/women particularly in the industrial field. An employer is liable if an accident is due to his/her own act or default - this is the employer's personal liability. Secondly an employer is also responsible for the acts of their employees in the course of their employment - this is vicarious liability. This distinction has become of less importance where the doctrine of common employment has been abolished. This doctrine seems to apply in East Africa even today. I.Employer's Personal Liability The employer's duty is three fold: (i) provision of a competent staff of men and women (ii) provision of adequate material,
136 (iii) provision of proper system and effective supervision. Wilsons and Clyde Coal Co. v. English (1938)AC 57, at p. 78 Per Lord A.C. Wright; Speed v. Thomas Lwift (1943) KB 557; Winter v. Cardiff R.D.C. (1950)1 All ER 819, 822-23; Harris v. Brights Asphalt Contractors (1953) QB 617, 626; (i)Competent staff of men/women Hudson v. Ridge Manufacturing Co. (1957)2 QB 348 0'Reilly v. National Rail & Transway Appliances (1966)1 All ER 499 * Black v. Fife Coal Co. (1912) AC 149