Excerpt from Commentary Workmen's Compensation Act 1897 In order to appreciate the extent of the change in the law effected by this Act, it is necessary to advert to the state of the law of employers' liability prior to 1st July 1898. By the law prior to that date the only liability of an employer to make reparation to a workman injured in his service, was founded on fault. Employers' liability was a branch of the law of negligence, and arose from the same principle as liability to a third party. The principle is that every person is liable in damages for injury arising from his failure to use reasonable care for the safety of the person injured. In its original and direct application the doctrine is easily understood. But its application to cases between employers and employed has given rise to specialties and exceptions which have been the occasion of many difficulties. A rapid survey of this branch of the law will show how complicated its provisions have become, and how difficult it often is for employer and employees to ascertain their legal position, even after the Legislature has interfered to correct certain judge-made refinements. Starting from the simplest illustration, suppose that A. drives recklessly along a road and runs down B. and injures him. It is obviously reasonable and in accordance with principle that A. should make reparation to B. But the next step in the law of negligence, which was to make a person liable for the act of his servant, is t easily reconciled with the above-mentioned principle of liability. Still this vicarious liability has long been established. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art techlogy to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.