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A level Law: Tort Law > 3.4 Occupiers Liability > Flashcards

3.4 Occupiers Liability Flashcards

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1
Q

What is occupiers liability

A

Duty owed by occupiers to those who come onto their land

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2
Q

What are the 2 occupiers liability acts

A

Occupiers liability act 1957
Occupiers liability act 1984

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3
Q

Under the 1957, what does an occupied premises apply to

A

land, buildings, extends to fixed and moveable structures including vessels, aircraft and vehicles.

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4
Q

whats the duty of care occupiers have on lawful visitors (1957)

A

duty to creare a safe environment for lawful visitors

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5
Q

1957: What is a lawful visitor

A

Person who have been invited or licensed to enter, or have statutory right to enter.

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6
Q

1957: What constitutes a lawful visitor

A
  • Invitees
  • Licensees
  • Those who enter through contract
  • Those entering with statutory right
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7
Q

1957: What is it meant by ‘implied license at common law’

A

Repeated tresspass and no action taken by occupier to prevent it.

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8
Q

1957: what case illustrates ‘implied license’

A

Lowery v Walker (1911)

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9
Q

1957: Facts of Lowery v Walker (1911)

A

D owned a savage horse, he placed them on a field to graze knowing members of the public walk past to get to the train station. C was attacked by the horse as a result

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10
Q

1957: Held in Lowery v Walker

A

D owned laibility for the damages on the C

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11
Q

1957: Point of law in Lowery v Walker

A

License was implied through repeated tresspass which D was aware of

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12
Q

In the 1957 act, what is the level of the standard of care

A

‘reasonable occupier’

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13
Q

1957: There are 2 situations where the standard of care may have to increase of decrease, what are these?

A

Section 2 (3)(a) - occupier must prepare for children to be less careful

Section 2 (3)(b) - a person in exercise of his calling will appreciate and guard against any risk

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14
Q

1957: In regards to section 2 (3)(a) how will the courst deal with this

A

Courts will take into account the age of the child and its level of understanding

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15
Q

1957: When is section 2 (3)(b) applicable

A

when an occupier hires an expert to come work on his premesis

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16
Q

What does section 2 (4)(a) say about warning signs in the 1957 act.

A

Warning can absolve occupier of liability if it was enough to enable the visitor to be reasonaby safe.

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17
Q

1957: What must the warnings cover

A

All dangers
- no warning needed against obvious risks

18
Q

1957: Under section 2(4)(b) what are the 2 exceptions where an occupier isn’t liable for dangers created by independant contractors

A

If occupier…

  • Acted reasonably when entrusting the work to the contractor
  • took reasonable steps to satisfy themselves that work was properly done and contractor was competent
19
Q

1957: Key case in ‘dangers arising from actions by independent contractors’

A

Bottomley v Todmorden cricket club

20
Q

1957: Facts of Bottomley v Todmorden cricket club

A

C was injured at a fireworks display held on D land run by a contractor. Accident happened that led to C suffering severe burns

21
Q

1957: Held in bottomley v todmorden cricket club

A

D was liable as they didnt check insurance of the contractors. Didnt take reasonable steps in ensuring contractors were competent

22
Q

What are the defences applicable to the 1957 act

A
  • Voluntary non fit injuria
  • contributary negligence
  • exclusion of liability
23
Q

what is voluntary non fit injuria

A

where visitors accept the risks, therefore occupiers dont have liability for damages

24
Q

what is contributary negligence

A

damages may be reduced if visitor doesnt take reasonable steps to ensure his own safety

25
Q

what does exclusion of liability mean

A

allows occupier to extend, exclude or restrict their liability, so far as they are free to.

26
Q

give an example of exclusion of liability

A

Store puts a sign saying they are not responsible for damages if people chose to park their cars on their car park.

27
Q

to who is liability imposed under the Occupiers liability act 1984

A

Tresspasser
those who exceed premission

28
Q

Under section 1(8) what is the only form of protected damages (1984 act)

A

Death and personal injury

29
Q

1984: Under section 1(3) what are the rules of liability the occupier has over the tresspasser

A
  • occupier was aware of danger and has grounds to believe it exists
  • occupier knows or has reason to belive others may come into danger
  • reasonable to assume occupier would be able to have some form of protection over the risk
30
Q

1984: what is a case for these rules of liability over tresspassers

A

donoghue v folkstone properties ltd (2003)

31
Q

1984: facts of donoghue v folkstone properties ltd

A

C was seriously injured when he chose to dive in Folkstone harbour during boxing day at night time in the middle of winter

32
Q

1984: held in donoghue v folkstone properties ltd

A

D was not liable as it wouldnt be reasonable to gaurd against divers during winter

33
Q

what is the standard of care of the 1984 act

A

take reasonable care so that others on his premesis do not suffer injuries

  • premises themselves have to be dangerous, not activity
34
Q

key case if the standard of care under the 1984 act

A

keown v conventry healthcare NHS trust (2006)

35
Q

1984: facts of keown v coventry healthcare NHS trust (2006)

A

An child wsa climbing a fire excape ladder. Fell, suffered brain damage and fractured arm. Fire escape was often used by public and for children to play in.

36
Q

1984: held in keown v conventry healthcare NHS trust (2006)

A

Judge found C knew his actions were dangerous as he climbed the ladder improperly

37
Q

1984: What is the role of warning signs under the 1984 act

A

Warning signs may discharge duty if they give warning of danger or discourage others from taking risk

38
Q

defences of the 1984 act

A
  • Voluntary non fit injuria
  • contributary negligence
  • exclusion of liability
39
Q

What is voluntary non fit injuria

A

consent. Where visitors willingly accept the risks so therefore D cannot be liable

40
Q

what is contributary negligence

A

Can be claimed if C doesn’t take reasonable steps to insure his own safety

  • reduces damages
41
Q

what is meant by exclusion of liability

A

occupiers can extend, exclude or restrict their liability, so far as they are free to.

42
Q

Example of exclusion of liability

A

Store puts a sign saying they are not responsible for damages if people chose to park their cars on their car park.

A level Law: Tort Law (16 decks)

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