NEGLIGENCE-occupiers liability 1957/1984 Flashcards
what does the ola 1957 apply to?
visitors
what is ola 1957 and section?
s2 (1) the occupier of premises owes his visitor a common duty of care
what rules overlap with act?
negligence rules
when do you use ola 1957?
incidents happen when and on premises
can use neg but this is better bet
only relative to owner of land
what happens within the test for duty?
need to identify occupier
need to identify premises
need to identify visitor
cases for identifying occupier?
ward v tesco/wheat v lacon
not just the person occupying = ocuppier it could be?
absent owner,landlord,private contractor
what are the examples of an occupier?
owner
landlord-whoever excercises premises
contractor- could be responsible for part of it whilst doing job
what does it mean by identify premises?
could be anywhere could be shop/factory not just home
what is section for identify visitor?
s.2 (2)
what does it mean by identify visitor?
“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
what is the case for exceeding terms?
lord justice scruton
what must the visitor also do?
take reasonable care of himself
what other type of visitor can you get?
children
what do children visitors deserve and section?
extra care than adults s.2 (3)(a)
what are the cases for children?
glasgow corp v taylor - berries “allurement”
sutton lbc v jolley-council liable children expected to mischief
how are children trespassers under 57 act?
due to allurement
what is a special consideration with children?
less care w younger children as there is interference that they have adult supervision (must be reasonable supervision)
case for adult supervision?
phillips v rochester corp
what is dependant on extra care with visitors?
age and it makes the care fluctuate
what happens with visitors and signs?
visitors can be excluded where reasonable
where will the sign not apply?
those with implied or stat authority
what can be limited tho?
area of entry as can purpose of visit/duration- up to visitors establish duty
what is common duty of care?
make the” visitor reasonably safe” in using premises for puporposes which invited or permitted to be there-not an absolutely duty
what is the case for common duty of care?
laverton v kiapasha
what is common duty of care also known as?
breach
what do you do with common duty of care?
test for breach as in negligence with risk factors = likelihood and seriousness and prove that occupier had acted below expected standard f care
what happens with damage in ola 1957?
show that c suffered p/i/prop damage, causation ‘some damage’- factual legal and nature
what is the damages for ola?
covers p.i and property damage
defences for ola 1957?
independent contractors
contributory neg
consent
warnings (limited by ucta 1977)
what do you do with defence of independant contractor?
sue builder
different parts of independant contractor?
- cant sue if injured should of took profressional care own fault
- if contractor takes over portion of land = liable
- contractor qualified and occupier not know of danger
- but if you know not safe for builder/ contractor =liable
case for cant sue if injured should of took profressional care own fault?
roles v nathan 2(3)(b)
case for if contractor takes over portion of land = liable?
page v read
case for contractor qualified and occupier not know of danger?
haseldene v daw s.4 (b)
what do both acts exclude?
harm caused on public rights of way
what does occupiers liability 1957 cater for?
visitors
what does occupiers liability 1984 cater for?
trespassers
what does ola 1984 ensure?
a reasonable level of protection to those who have no right to be on land but deserve some protection
what was a common law development case that led to act?
british railways v herrington
what is a person who shouldnt gets injured?
trespasser- someone generally not allowed e.g warns
what 3 questions establish duty in following circumstances for trespasser?
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?
what does it mean that d needs to know of danger that c suffers from?
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
case supporting d knows of danger?
herrington
what does it mean by d knows of anyone?
knows gonna get in danger= duty e.g someone is in or may enter vicinity of danger
case supporting d knows of anyone?
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
what does it mean by has d cause reasonable precaution?
if there is evidence of this= no fail- take reasonable precaution of person who shouldnt be there
what does q3 also cater for?
helps with test of breach
why does it help with breach?
it tests standard of reasonable land owner - less burden on landowner and take account of considerations?
what are the considerations taken into account for the test of breach?
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
why are warning signs effective in?
more effective in 1957 but dont exclude liabiity
what are the damages for ola 1984?
only p.i not property
what about d and abandoned house?
and c shouldnt be there and d knows of danger still need to give reasonable care
what cases are in favour of land owner?
tomlinson v congelton borough council
keown v coventry nhs
