1957 OL Flashcards
1
Q
1
A
- D must be an occupier
- an occupier is a person who has control of the premises.
- WHEAT v E LACON
2
Q
2 = must occupy a premises
A
- S.1(3) = land, buildings and any fixed or moveable structure including any vessel, vehicle or aircraft.
3
Q
3 = OWES A DUTY TO LAWFUL VISITOR
A
- S.2(2) = to take such care as in all circumstances of the case is reasonable see that the visitor will be reasonably safe in using the premises for the purpose for which he is invited or permitted to be there
4
Q
3 = CHILDREN
A
- perry v butlins
- occupiers can reasonably expect that parents of young children should supervise them
5
Q
3 = PROFESSIONAL VISITORS
A
- S.2(3)B = an occupiers may expect that a person in the exercise of his calling will appreciate and guard against any special risks ordinarily incident to it
- roles v nathan
6
Q
3 = INDEPENDENT CONTRACTORS
A
- occupier will generally be able to avoid liability for loss/ injury suffered by visitors where the damage is caused by the negligence of an independent contractor but where 3 requirements have been met.
1- must be reasonable for the occupier to have entrusted the work = HASELDINE v DAW + SON
2- contractor hired must be competent to carry out the task = FERGUSON v WELSH
3- where possible the occupier must check the work
