Chapter 1

1. Explain using an example in each case, the meaning of the following terms:
a. hazard
b. risk
Hazard: A hazard is the potential of a substance, activity or process to cause harm.
Eg: Construction work can be said to be high hazard.
Risk: A risk is the likelihood of a substance, activity or process to cause harm. Eg:
Should there be no proper safety controls on the construction site, it can be
described as high risk.
A hazard is either high or low relative to a possible level of danger or relative to
other hazards. Risks on the other hand can be reduced as appropriate safety
measures are implemented.

2a. Outline the main functions of:

i.
ii.

Criminal law
Civil law

2b. Explain the principal differences between common law and statute law
Criminal law consists of rules of behavior laid down by the Government or the State
that are imposed on the people for the protection of the people. An individual who
breaks criminal law is deemed to have committed a crime and the court will
determine if he is guilty or not guilty.
Civil law concerns disputes between individuals or individuals and companies. The
civil court is concerned with liability and the extent of that liability rather than guilt
or non-guilt.

Common law is based on judgements issued by judges in courts. In general, courts

are bound by earlier judgements on any particular point of law known as a
precedent. Common law also provides the foundations for most civil claims on
health and safety issues.
Statute law is law which has been laid down by Parliament as Acts of Parliament. If
there is a conflict between common law and statute law, statute law takes
precedence.

3. Outline the four key differences between civil law and criminal law.
a. Civil law concerns disputes between individuals or individuals and a company
(Liability). Criminal law concerns crimes where laws laid down by the state are
broken (Guilt).
b. The level of proof required by the criminal court is very high beyond
reasonable doubt The level of proof required by civil law is based on balance of
probability which is a lower level of certainty.
c. The prime objective of criminal law is meting out punishment for crimes (can
include compensation). The prime objective of civil law is meting out compensation
to address a civil wrong.
d. In most cases under criminal law, only government agencies can decide to
prosecute an individual. Under civil law, ordinary civilians can decide to sue.