law semester 2 Flashcards
what is the duty of the occupier
to keep the visitor safe, not the premises
who is an occupier
anyone who has a sufficeint degree of control over the premises Wheat v Lacon [1966]
to whom does the occupier of the property owe a duty to
lawful visitors, not tresspassers Rae –v- Mars (1990)
who can sue for tresspass
only the person in possession of land
which case states that even putting a hand through a window is tresspass
Franklin –v- Jeffries (1985)
which case states that lawful visitors must follow the conditions of entry
Hickman –v- Maisey [1900]
what is the but for test
If the damage would not have happened but for a particular fault then that fault is the cause of the damage; if it would have happened just the same, fault or no fault, the fault is not the cause of the damage.” Cork –v- Kirby Maclean Ltd [1952]
what are the requirements for a claim in negligence
*A duty of care
*Breach of that duty of care
*Damage
*Which flows from that breach
case that held that 90% of house buyers rely on mortgage valuations outside contract to make their purchase decisions and therefore a valuer can owe a duty of care to a borrower relying upon the valuer’s report. In this case the valuer did a “drive by” valuation and was sued for breach for missing some vital feature which could easily have been discovered with a little more care.
Yianni –v- Edwin Evans & Sons [1982]
what is the standard for duty of care and which case states it
‘a duty to exercise reasonable skill and care’ Bolam –v- Friern Hospital Management Committee [1957]
what must the surveyor follow when faced with a defect
“the trail of suspicion”
what is the margin of error for standard residential properties
+/- 5%
What does “actionable per se” mean?
A legal claim can be brought without needing to prove actual loss or damage.
Is intent to trespass necessary for liability?
No, only intentional entry is required—even if the defendant didn’t know it was trespass.
When is someone not liable for trespass?
if they were pushed or thrown onto land involuntarily (e.g., Smith v Stone).
What happens if someone exceeds the permission given to enter land?
They become a trespasser (e.g., Hickman v Maisey).
What counts as “premises” under the 1957 Act?
Land, buildings, fixed and movable structures, vessels, vehicles, or aircraft (e.g., Bunker v Charles).
Can occupiers use disclaimers to avoid liability?
Theoretically yes, but they must be visible and clear. Liability for death or injury cannot be excluded (UCTA 1977).
When can an occupier avoid liability for a contractor’s actions?
If they acted reasonably in hiring the contractor and checked their competence (Section 2(4)(b)).
Can liability be limited based on what visitors are doing?
Yes – The Calgarth: invitation to use stairs ≠ sliding down banisters.
Who does the 1957 Act not apply to?
Trespassers – they’re covered under the 1984 Act.
What damage does the 1984 Act cover?
Only personal injury, not property damage.
What is “volenti non fit injuria”?
A defence where a person voluntarily accepts the risk (Section 1(6)).
