Common law
The common lawso named because it was "common" to all the king's courts across Englandoriginated in the practices of the courts of the English kings in the centuries following the Norman Conquest in 1066. The British Empire spread the English legal system to its historical colonies, many of which retain the common law system today. These "common law systems" are legal systems that give great precedential weight to common law, and to the style of reasoning inherited from the English legal system.
Employers' liability act of 1880
Prior to the passing of the Employers' Liability Act, it was impossible for a worker to hold his employer responsible for injuries caused by his foreman or another worker's negligence. This was because the standard line of thought on the matter at the time was expressed by the doctrine of Common Employment, which stated that “if the person occasioning and the person suffering the injury are fellow workmen, engaged in a common employment, the employer is not responsible.”This doctrine of Common Employment was first established in the 1837 "Priestly v. Fowler" decision Another legal principle at the time, supposedly dating back to the origin of English Common Law that “a personal action dies with the person entitled to maintain it,” (Actio personalis moritur cum persona) meant that the family members of a deceased worker could not claim compensation.
Several workmen's associations wished to see the doctrine of Common Employment repealed, as they felt "Priestley v Fowler" ushered in an unfair and damaging interpretation of the law.In response, Parliament formed a committee to consider evidence on the subject in 1877, and after numerous drafts and revisions, the Employers' Liability Act of 1880 was passed on 7 September.It is probable that the bill was passed as much out of a desire to correct inconsistencies with the fact that employers were responsible for any injuries to strangers caused by those in their employ.