NEGLIGENCE-occupiers liability 1957/1984

Question 1

what does the ola 1957 apply to?

Answer 1

visitors

Question 2

what is ola 1957 and section?

Answer 2

s2 (1) the occupier of premises owes his visitor a common duty of care

Question 3

what rules overlap with act?

Answer 3

negligence rules

Question 4

when do you use ola 1957?

Answer 4

incidents happen when and on premises
can use neg but this is better bet
only relative to owner of land

Question 5

what happens within the test for duty?

Answer 5

need to identify occupier
need to identify premises
need to identify visitor

Question 6

cases for identifying occupier?

Answer 6

ward v tesco/wheat v lacon

Question 7

not just the person occupying = ocuppier it could be?

Answer 7

absent owner,landlord,private contractor

Question 8

what are the examples of an occupier?

Answer 8

owner
landlord-whoever excercises premises
contractor- could be responsible for part of it whilst doing job

Question 9

what does it mean by identify premises?

Answer 9

could be anywhere could be shop/factory not just home

Question 10

what is section for identify visitor?

Answer 10

s.2 (2)

Question 11

what does it mean by identify visitor?

Answer 11

“anyone invited or permitted to be on land”
permission may be expressed or implied -e.g postman
visitor may become a trespasser and vice versa e.g if exceeds terms of situation=party

Question 12

what is the case for exceeding terms?

Answer 12

lord justice scruton

Question 13

what must the visitor also do?

Answer 13

take reasonable care of himself

Question 14

what other type of visitor can you get?

Answer 14

children

Question 15

what do children visitors deserve and section?

Answer 15

extra care than adults s.2 (3)(a)

Question 16

what are the cases for children?

Answer 16

glasgow corp v taylor - berries “allurement”

sutton lbc v jolley-council liable children expected to mischief

Question 17

how are children trespassers under 57 act?

Answer 17

due to allurement

Question 18

what is a special consideration with children?

Answer 18

less care w younger children as there is interference that they have adult supervision (must be reasonable supervision)

Question 19

case for adult supervision?

Answer 19

phillips v rochester corp

Question 20

what is dependant on extra care with visitors?

Answer 20

age and it makes the care fluctuate

Question 21

what happens with visitors and signs?

Answer 21

visitors can be excluded where reasonable

Question 22

where will the sign not apply?

Answer 22

those with implied or stat authority

Question 23

what can be limited tho?

Answer 23

area of entry as can purpose of visit/duration- up to visitors establish duty

Question 24

what is common duty of care?

Answer 24

make the” visitor reasonably safe” in using premises for puporposes which invited or permitted to be there-not an absolutely duty

Question 25

what is the case for common duty of care?

Answer 25

laverton v kiapasha

Question 26

what is common duty of care also known as?

Answer 26

breach

Question 27

what do you do with common duty of care?

Answer 27

test for breach as in negligence with risk factors = likelihood and seriousness and prove that occupier had acted below expected standard f care

Question 28

what happens with damage in ola 1957?

Answer 28

show that c suffered p/i/prop damage, causation 'some damage'- factual legal and nature

Question 29

what is the damages for ola?

Answer 29

covers p.i and property damage

Question 30

defences for ola 1957?

Answer 30

independent contractors contributory neg consent warnings (limited by ucta 1977)

Question 31

what do you do with defence of independant contractor?

Answer 31

sue builder

Question 32

different parts of independant contractor?

Answer 32

1. cant sue if injured should of took profressional care own fault 2. if contractor takes over portion of land = liable 3. contractor qualified and occupier not know of danger 4. but if you know not safe for builder/ contractor =liable

Question 33

case for cant sue if injured should of took profressional care own fault?

Answer 33

roles v nathan 2(3)(b)

Question 34

case for if contractor takes over portion of land = liable?

Answer 34

page v read

Question 35

case for contractor qualified and occupier not know of danger?

Answer 35

haseldene v daw s.4 (b)

Question 36

what do both acts exclude?

Answer 36

harm caused on public rights of way

Question 37

what does occupiers liability 1957 cater for?

Answer 37

visitors

Question 38

what does occupiers liability 1984 cater for?

Answer 38

trespassers

Question 39

what does ola 1984 ensure?

Answer 39

a reasonable level of protection to those who have no right to be on land but deserve some protection

Question 40

what was a common law development case that led to act?

Answer 40

british railways v herrington

Question 41

what is a person who shouldnt gets injured?

Answer 41

trespasser- someone generally not allowed e.g warns

Question 42

what 3 questions establish duty in following circumstances for trespasser?

Answer 42

s1(3) (a) 1.d needs to know danger that c suffers from? (b) 2. d knows of anyone? (c) 3. has d caused reasonable precaution?

Question 43

what does it mean that d needs to know of danger that c suffers from?

Answer 43

if no/not reasonable to knw= not liable if yes then should have done more e.g occupier is aware of the danger or has reasonable grounds to believe it exists

Question 44

case supporting d knows of danger?

Answer 44

herrington

Question 45

what does it mean by d knows of anyone?

Answer 45

knows gonna get in danger= duty e.g someone is in or may enter vicinity of danger

Question 46

case supporting d knows of anyone?

Answer 46

white v st albans city council - c injured and used short could but considered not reasonable to know that people using short cut= not liable

Question 47

what does it mean by has d cause reasonable precaution?

Answer 47

if there is evidence of this= no fail- take reasonable precaution of person who shouldnt be there

Question 48

what does q3 also cater for?

Answer 48

helps with test of breach

Question 49

why does it help with breach?

Answer 49

it tests standard of reasonable land owner - less burden on landowner and take account of considerations?

Question 50

what are the considerations taken into account for the test of breach?

Answer 50

nature of entry, type of premises, age of claimant, cost of precautions, nature/severity of risk, likelihood of harm----- too burdensome on d, policy, cost of insurance, cancellation of events

Question 51

why are warning signs effective in?

Answer 51

more effective in 1957 but dont exclude liabiity

Question 52

what are the damages for ola 1984?

Answer 52

only p.i not property

Question 53

what about d and abandoned house?

Answer 53

and c shouldnt be there and d knows of danger still need to give reasonable care

Question 54

what cases are in favour of land owner?

Answer 54

tomlinson v congelton borough council | keown v coventry nhs