5 - Occupiers liability 1957

Question 1

Section 1(3)(a)

Answer 1

Th premises occupied applies not only to land and buildings but also vessels, vehicles and aircrafrt

Question 2

S2(2)

Answer 2

Imposes a duty of care over lawful visitors (a common duty of care is to take such care as in all the circumstances of the case is reasonable to see that the v will be reasonably safe)

Question 3

What can be claimed for under occupiers liability 1957

Answer 3

Death
Personal Injury
Damage to property

Question 4

Lawful visitors

Answer 4

invitees
licensees
those in pursuit of a contract
those exercising a statutory right
implied license at common law

Question 5

Invitees

Answer 5

s1(2)
those who have been invited to come onto the land - the invitation must no be exceeded

Question 6

Licensees

Answer 6

s1 (2)
those who have expressed or implied permission to be there

Question 7

Entering in pursuit of a contract

Answer 7

s5(1)
for example paying visitors, to see a film at a cinema

Question 8

Exercising a statutory right

Answer 8

s2(6)
person entering to read gas metres ect

Question 9

Implied license in common law

Answer 9

where there is repeat trespass and no action taken by the occupier to prevent it - required an awareness of both the trespass and the danger by the occupier

Question 10

Taylor V glasgow city council 1922

Answer 10

the courts are moe likely to grant a licence when there is something to lure people in, such as a park

Question 11

A reasonable occupier

Answer 11

The standard of care is of a reasonable occupier, however there are two situations where that may vary

Question 12

A reasonable occupier

Answer 12

The standard of care is of a reasonable occupier, however there are two situations where that may vary

Question 13

Variations in standard of care

Answer 13

S2(3)(a) - chilkdren can be less careful than adults
s2(3)(b) - an occupier may expect that someone excersisng his calling may protect against special risks

Question 14

s2(3)(a)

Answer 14

Children will be less careful - jolley v sutton 2000 (children ate poison berries in a park)

Question 15

s2(3)(b)

Answer 15

an occupier may expect that a person excersiisng his calling will guard against any special risks ordinarily incident to it -
ie if a contractor or professional is hired, he should protect against ordinary risks as per roles v nathan 1963

Question 16

Warnings and warning signs

Answer 16

Duty may be discharged by giving a warning of the danger , as long as the warning was in all circumstances, enough to enable the visitor to to be reasonably safe

Question 17

Dangers arising from actions undertaken by an independent contractor

Answer 17

not liable for the actions created by a contractor under s2(4)(b) if -
- acted reasonably in trusting the contractor
- took reasonable steps to satisfy that work was properly done and the contractor was competent

Question 18

Contributory negligence in Occupiers 1957

Answer 18

damages may be reduced under the law reform act 1945 when a visitor fails to take reasonable care for their own safety

Question 19

Exclusion of liability

Answer 19

s2(1) allows an occupier to extend, restrict, exclude, modify their duty to vistiors

Question 20

Volenti non fit injuria

Answer 20

s2(5) does not impose an obligation for occupier on risks willingly accepted by the visitor

Question 21

Darby v National trust 2001

Answer 21

C’s husband drowned in a pond commonly used for swimming.
risk was obvious so no need for warning signs

Question 22

Roles v nathan 1963

Answer 22

D wasnt liable over the death of a chimney sweep due to carbon monoxide as he was an expert

Question 23

Lowery v walker 1911

Answer 23

License was implied due to repeat trespass that the D was aware of

Question 24

Jolley v Sutton 2000

Answer 24

they knew children would be in the park and they knew the berries were poison