Notices Occupiers Liability

Question 1

S2(4)(a) 1957 Act

Answer 1

If visitor has been warned, and it is reasonably safe then the occupier is absolved of liability. The common duty of care is discharged, enough to enable the visitor to be reasonably safe.

Question 2

Notice as means of excluding liability- 2(1)

Answer 2

Can modify, restrict, extend and exclude so far as free in law to do.

White v Blackmore - Ticket excluded personal liabilty was allowed

Question 3

Unfair Contract Terms 1977

Answer 3

2(1) Can’t exclude/restrict liabilty for death or personal injury
(2) Can’t exclude or restrict liabilty for negligence except in so far as term or notice allows
S11(3) It should be fair and reasonable to allow reliance on it

1(3) Business liabilty, things done or done by person in course of business (b) occupation for business purposes

Question 4

Notices as an indication of voluntary acceptance of risk

Answer 4

2(5) No liabilty if risks willingly accepted, there needs to be awareness and acceptance of the risk

Question 5

Volenti Non fit inuria v CN

Answer 5

Generally try not to use Volenti, prefer using CN under the Law Reform (Contributory Negligence) 1945 Act
Slack v Glennie

Question 6

Notices as a way of fulfilling common duty of care 1984 Act

Answer 6

S1(5) Any duty owed may be discharged by taking reasonable steps in all the circumstances to give warning of the danger or discourage from going near it

2(4) in discharging have regard to whether caused damage to property

Very must dependant on the individual case at hand
Ratcliff v Montecliff - Notices were enough to discharge the common duty

Question 7

Notices as an indication of voluntary acceptance of risk

Answer 7

1(6) No duty owed to those who accept the risk

Geary v JD Wetherspoon - Fell off banister accepted risk

Question 8

Can liabilty be excluded under 1984 Act?

Answer 8

S1(4) Take reasonable care so do not injury themselves

Unclear if it does allow liabilty to be excluded. Often argued it doesn’t as courts cannot allow exclusion of statutory duty on their own, statutory duty based on common humanity Principe, 1977 would have been amended.

But it did amend 1977 Act as reactional and educational purposes are not business so are not liabillr

Question 9

S2(1) 1960 Act

Answer 9

Entitled to modify, extend etc liability but within scope of Unfair Contract Act 1977

S2(3) Nothing will make occupier liable if person accepts risks Cowan - 75% for CN