Purpose of Enforcement and Laws of Contract

Purpose of Enforcement and Laws of Contract

 

◈ Purpose of Enforcement

Its broad role is likely to be to protect people against risks to health or safety arising out of work activities.

Enforcement ensures that duty holders:

• Deal immediately with serious risks.
• Comply with the law.
• Are held to account if they fail in their responsibilities.

 

 

To enforce compliance with legal requirements there are a several approaches that can be taken, ranging from:

• provision of advice on what changes need to be introduced and how these may be achieved, to
• prosecution under relevant health and safety law that might be imposed on employers.

Following a successful prosecution the penalty could be fine or possibly imprisonment.

 

 

◈  Principles of Enforcement with Reference to the HSE's Enforcement Policy Statement (HSE 41)

Enforcement Policy Statement_hse41.pdf

0.43MB

1. Proportionality of Enforcement - Enforcement action should be in proportion to any risks to health and safety, or to the seriousness of any breach of law.
2. Consistency of Approach - A similar approach needs to be taken in similar circumstances to achieve similar ends.
3. Transparency - Duty holders need to understand what is expected of them and what they should expect from the enforcing authorities.
4. Targeting - Targeting ensures that resources are directed to those whose activities give rise to the most serious risks or where the hazards are least well controlled.
5. Accountability - Enforcing authorities should have policies and standards in place against which they can be judged, and an effective and accessible procedure for dealing with comments and complaints. The leaflet What to expect when a health and safety inspector calls sets out HSE guidelines.

What to expect when a health and safety inspector calls_hsc14.pdf

0.08MB

◈ Laws of Contract

The terms of a contract can be express or implied.

• Express terms are stated by the parties during negotiation, or written into a contractual document so it is clear what is required of each party. (계약서 등에 명시된 조건)
• Implied terms are not explicitly stated in the contract, but are implied by custom, statute or by the courts. For example, in the sale of goods, an implied term is that the seller has the right to sell the goods and that in business sales the goods are of satisfactory quality and are fit for purpose. (계약서 등에 명시되어 있지 않지만 기본적으로 법, 관습 등에 의해 전제되어 있는 조건. 이를 테면 상점에서 파는 물건은 소비자가 만족할 만한 품질을 갖고 판매하는 용도에 맞게끔 제작되어 있어야 한다는 등의 조건)