| 单词 | Common employment rule |
| 释义 | 受僱共同作業之法則 The general rule that an employer is liable for damage or injury caused by the negligence of an employee while in the course and scope of his employment (vicarious liability) is subject to the exception created by the doctrine of common employment: that where the person injured was also an employee of and engaged in the common employment with the person who caused the damage or injury, then the employer is not liable at common law: Priestly v Fowler (1837) 2 M&W 1, 150 ER 1030. The doctrine has been abolished by statutes in several jurisdictions and in Hong Kong by the Employees’ Compensation Ordinance (Cap 282). See also Casual negligence; Employees’ compensation; Employers’ liability; Vicarious liability. 一般而言，僱主須為其僱員在受僱工作期間及範圍內的疏忽所導致的損毀或損害負法律責任，但如受傷的人受僱於共同作業，則屬例外，即該僱主無須負普通法律責任：Priestly v Fowler (1837) 2 M&W 1, 150 ER 1030。此法則已被一些司法管轄區廢除；在本港，《僱員補償條例》（第282章）已廢除此法則。另見 Casual negligence; Employees’ compensation; Employers’ liability; Vicarious liability。 |
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