Occupier Liability 57 P2

Question 1

What duty is imposed by Occupier Liability Act 1957

Answer 1

Duty to keep lawful visitors safe to those premises

Question 2

What is a lawful visitor (LV)

Answer 2

Someone who has permission to enter (expressed or implied)

Question 3

What are the 4 types of LV

Answer 3

Repeated visits
Doctrine of allurement
Entry in order to communicate
Statutory powers of entry

Question 4

How does repeated visits make someone a LV

Answer 4

It is implied permission for entry if D knows they are repeatedly visiting his land

Question 5

What case is used for repeated visits which included a savage horse

Answer 5

Lowery V Walker (1911)

Question 6

What is the doctrine of allurement

Answer 6

States that a child will not be a trespasser if they wonder to investigate something dangerous and attractive to children

Question 7

What case is used for the doctrine of allurement which involved a boat landing on a child cause paralysis

Answer 7

Jolley V Sutton LBC (2000)

Question 8

What is meant by Entry in order to communicate making you a LV

Answer 8

To walk up the front path of a house to the front door to communicate with an occupier is allowed and makes you a LV if done

Question 9

What is meant by statutory powers of entry making you a LV

Answer 9

Under a wide range of circumstances people are permitted by statute to be allowed to enter premises such as a postman or firefighter

Question 10

What does S2(1) state under OLA 57 for duty of care

Answer 10

Occupier owes a duty of care to LV

Question 11

What does S2(2) state under OLA 57 for duty of care

Answer 11

Duty of care extends to LV and not the whole premise. Just to be reasonably safe for what LV is invited/ permitted for

Question 12

Which case showed that the occupier must keep the LV reasonably safe and not the premise and involved a slippery floor in a takeaway

Answer 12

Laverton V Kiapasha Takeaway Supreme (2002)

Question 13

In what case did the premise not pose a danger and said that the occupier did not have to guarantee their safety and involved a concrete bollard

Answer 13

Dean & Chapter of Rochester Cathedral V Debell (2016)

Question 14

what is the definition of an occupier

Answer 14

Any person who controls the premises to such an extent that his carelessness could lead to a visitor suffering loss

Question 15

Which section states the definition of premise and what is the definition

Answer 15

S1(3) - land and any building on the land including any fixed or moveable structures

Question 16

What did Wheat V Lacon (1966) show - pub manager sub-let upstairs flat

Answer 16

Possession need not be exlusive, there can be more than one occupier of premises at any one time

Question 17

For BREACH of duty what type of test is it and who are we tested agains’t

Answer 17

Objective test
Tested agains’t the reasonable man

Question 18

What are the five risk factors that can be involved in breach of duty (Negligence)

Answer 18

Foreseeability, probability, severity, reasonable precautions and social utility (cases included)

Question 19

Which cases established that a failure to prevent foreseeable injuries is a breach of S2(1) DOC, not for pure accidents - bouncy castle and pool water

Answer 19

Harris V Perry and Another (2008) - bouncy castle
Tedstone V Bourne Leisure (2008) - slipped on a pool of water

Question 20

Which section of OLA 57 shows that occupiers must be prepared fr children to be less careful than adults so a higher standard is owed

Answer 20

S2(3)(a)

Question 21

Which case under S2(3)(a) involved a 7yr old child eating poisenous berries in a park which were easily accesible

Answer 21

Glasglow Corporations V Taylor (1922)

Question 22

What is the ratio for Phipp V Rochester Corp (1955) - 5yr old fell on waste ground

Answer 22

The greater DOC was owed by the parents, that they shouldnt have left the child in the care of the 7yr old sibling

Question 23

Which case is it where neither the parent or the occupier are liable as it was a pure accident - child drowned

Answer 23

Bourne Leisure V Marsden (2009)

Question 24

What did Jolly V Sutton LBC (2000) show for S2(3)(a)

Answer 24

The docturine of allurement means that the occupier must be prepared for children to be less careful

Question 25

What is S2(3)(b)

Answer 25

Professionals
A professional exercising his calling will appreciate and guard agains’t risks ordinarly present

Question 26

Which case involved chimney sweepers overcome by fumes and it was C’s fault

Answer 26

Roles V Nathan (1963)

Question 27

Which case could not rely on S2(3)(b) at all and why

Answer 27

Ogwu V Taylor (1987) - the blaze was so intense from the fire that no amount of care by C could have protected him

Question 28

Which section talks about warning signs in OLA 57

Answer 28

S2(4)(a)

Question 29

What does S2(4)(a) state

Answer 29

An occupiers liability can be discharged is he gives effectivewarnings of the danger but it must be suffient

Question 30

Which case is an example of a warning sign not being visible so a DOC was still owed - involved dangerous roofing

Answer 30

Woollins V British Celanese (1966)

Question 31

Which case stated that there is no duty to warn of an obvious risk - no need for a fence around a fishing pond

Answer 31

Darby V National Trust (2001)

Question 32

What 2 things must be mentioned before defences

Answer 32

Causation (but for test) and Remoteness (must be RF Wagon Mound)

Question 33

What are the 4 defences for OLA 57

Answer 33

S2(4)(b) Independent contractor
Volenti non injuria (consent)
Excluding liability
Contributary negligence

Question 34

What is meant by S2(4)(b) Independent contractors as a defence and what is the 3 criteria

Answer 34

Occupier not liable if visitor is injured by something dangerous that was created by faulty workmanship on the part of an outside contractor
1) must be reasonable to have brought a IC
2) took reasonable steps to ensure IC was suitably trained
3) took reasonable steps to ensure the work was done properly

Question 35

Which case showed that occupier will not be liable if the danger was created by someone he hired to do a specific job which is beyond the knowledge and expertise of the reasonable man - involved an elevator

Answer 35

Haseldine V Daw (1941)

Question 36

Which case showed that it was not reasonable to hire an IC to keep steps safe - involved school steps

Answer 36

Woodward V Mayor of Hastings (1944)

Question 37

What is meant by Volenti non injuria as a defence to OLA 57

Answer 37

When the visitor consents the risks of negligence on the part of the occupier

Question 38

Which case showed the the occupier owes no DOC to LV from obvious risks and the C consented to the risk of sliding down the banister

Answer 38

Geary V JD Weathersppon PLC (2011)

Question 39

What is meant by excluding liability as a defence to OLA 57

Answer 39

Can be done by putting up signs excluding any and all liability but it must be done sufficiently

Question 40

Which case involved a woman being hit by a railway truck that was being shunted negligently but a sign was inplace

Answer 40

Ashdown V Samuel Williams & Sons Ltd (1957)

Question 41

Which acts limit the excluding liability powers as a defence to 57

Answer 41

S2(1) UCTA - cannot limit attempt to excluse liability for death or personal injury
S65 CRA - trader cannot exclude liability for death or personal injury

Question 42

What is meant by contributory negligence as a defence to 57

Answer 42

When the C falls below the standard of the reasonable man partially causing the outcome causing reducement of damages for the amount he is to blame for his own injuries

Question 43

What remedies are avaliable under OLA 57

Answer 43

Can claim for death and personal injury
Can claim for damage to property and any consequential economic loss resulting from damge to propert (cost fo recovery)