Occ Flashcards

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1
Q

What is occupiers liability?

A

Occupiers liability refers to the legal responsibility of those who control premises to ensure the safety of visitors.

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2
Q

True or False: Occupiers are only liable for injuries to invitees.

A

False

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3
Q

What are the two main categories of visitors under occupiers liability?

A

Invitees and licensees.

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4
Q

Fill in the blank: An occupier must ensure that the premises are _____ for all lawful visitors.

A

reasonably safe

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5
Q

What is the standard of care required from an occupier towards a child visitor?

A

Higher standard of care due to the vulnerability of children.

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6
Q

True or False: Trespassers have no rights under occupiers liability.

A

False

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7
Q

What must an occupier do if they are aware of a danger on their premises?

A

They must take reasonable steps to ensure that visitors are warned or protected from the danger.

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8
Q

What is a key case that established the principles of occupiers liability?

A

Wheat v Lacon & Co Ltd (1966)

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9
Q

Fill in the blank: Occupiers liability is governed by _____ law.

A

tort

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10
Q

What is the primary legislation governing occupiers liability in the UK?

A

Occupiers’ Liability Act 1957 and Occupiers’ Liability Act 1984.

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11
Q

True or False: An occupier can limit their liability through warnings or disclaimers.

A

True

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12
Q

What type of visitors are considered ‘licensees’?

A

Visitors who have permission to be on the premises but are not there for business purposes.

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13
Q

What is the duty of care owed to a visitor in a commercial property?

A

To take reasonable care to ensure their safety.

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14
Q

Fill in the blank: In occupiers liability cases, the _____ of the premises is a key factor in determining liability.

A

condition

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15
Q

What is the potential consequence for an occupier failing to maintain safe premises?

A

They may be liable for damages resulting from injuries.

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16
Q

True or False: The presence of a warning sign always absolves an occupier from liability.

A

False

17
Q

What type of liability applies to injuries sustained by trespassers?

A

Limited liability; occupiers must not act recklessly.

18
Q

What does the term ‘reasonable foreseeability’ mean in the context of occupiers liability?

A

It refers to the ability to predict that a visitor may be harmed by a specific hazard.

19
Q

What is the significance of the case ‘Pearson v Lightning’ in occupiers liability?

A

It highlighted the duty of care owed to children on premises.

20
Q

Fill in the blank: An occupier’s liability can be influenced by the _____ of the visitor.

A

status

21
Q

What is the difference between the 1957 and 1984 Occupiers’ Liability Acts?

A

The 1957 Act covers lawful visitors, while the 1984 Act extends limited duty of care to trespassers.

22
Q

True or False: Occupiers are liable for all injuries occurring on their premises.

A

False

23
Q

What factors might reduce an occupier’s liability in an injury claim?

A

Contributory negligence or the visitor’s own actions leading to the injury.

24
Q

What is the role of insurance in occupiers liability cases?

A

Insurance can provide coverage for claims arising from injuries on the premises.

25
Q

Fill in the blank: The concept of _____ refers to the occupier’s responsibility to inspect and maintain the premises.

A

duty of care