machine which he is to
operate is defective when accepting employment he can recover nothing
for the consequences. He assumes the risk whenever he thus engages to
work. If the service be especially perilous and yet he clearly
understands the nature of it and is injured when performing it, he can
get nothing. Doubtless in many of these cases he is paid a larger sum
for working under such conditions. Whatever may be the truth in this
regard, the principle of law is well understood that, if he has a full
knowledge of the risk of his situation and makes no complaint about
the nature of the machinery that he is to operate, he accepts the
risks, however great they may be. In one of the cases an employe was
injured by the kick of a horse belonging to his employer, but he
recovered nothing, because he understood the vicious nature of the
animal. The horse had kicked others; in fact, its reputation for
kicking was well known, and the employe began work with his eyes wide
open.
This rule also applies if tools, machinery, etc., become defective and
the employe continues to work after the defects are found out. Of
course, every one knows that tools wear out and machinery becomes
weaker, and that is one of the natural consequences of using them. And
so it is regarded as one of the risks ordinarily taken by an employe,
and therefore he can get nothing whenever he is injured through the
operation of a defective machine caused by the natural wear and tear
of time.
EXAMINATION PAPER
NOTE.--_The following questions are given as an indication of
the sort of knowledge a student ought to possess after a careful
study of the course. The student is advised to write out the
answers. Only such answers need be attempted as can be framed
from the lessons._
1. (_a_) What is a contract? (_b_) What is the difference between a
simple and a special contract? (_c_) What contracts can be made
by a minor? When and how can he ratify them? (_d_) If a person
makes a contract to work for one year and breaks it after working
six months can he collect six months' wages? (_e_) Give
illustrations of six different kinds of contracts.
2. (_a_) When is it necessary that contracts be in writing? (_b_) In
what case is a failure of consideration a good defence to a
contract? (_c_) Is a consideration required to make an offer
binding? (_d_) Is the delivery of goods essential to make a sale
complete?
3. (_
|