Occupier Liability Act 1957 And 1984 Flashcards
Which of the OLA Acts is for trespassers and lawful visitors?
OLA 1957 - lawful visitors
OLA 1984 - trespassers
Definition of occupier?
No definition for occupier, can be tenant or owner of the premises
What does Wheat v E Lacon state about occupiers?
Can have more than one occupier
Definition of premises with example for OLA?
Any fixed or moveable structure.
Ship, Vehicle, Ladder, Lift.
What occupiers owe lawful visitors and who can they be under OLA 1957?
Occupiers owe lawful visitors the common duty of care.
Lawful visitors can be adult, children and workmen.
Types of adult visitors under OLA 1957?
Invitees - person who has been invited to enter
Licensees - expressed or implied permission to be there
Contractual Permission
Statutory Right to Enter
Point of law in Laverton v Kiapasha Takeaway Supreme about occupiers in OLA 1957?
Does not have to make premises completely safe for the visitor - only to do what is reasonable
What do occupiers have to be prepared for regarding children under OLA 1957?
Children to be less careful than adults
How is standard of care measured for children in OLA 1957?
Measured according to the age of the child
Cases for children in OLA 1957?
Glasgow Corporation v Taylor
Phipps v Rochester Corporations
Jolley v London Borough of Sutton
Point of law in Glasgow v Corporation v Taylor for children in OLA 1957?
Occupier should guard against any kind of allurement or attraction which places a child visitor at risk of harm
Point of law in Phipps v Rochester Corporations for children in OLA 1957?
Child should be under supervision of a parent or other adult
Point of law in Jolley v London Borough of Sutton for children in OLA 1957?
Occupier will not be liable if allurement is not foreseeable
Trade or calling people in OLA 1957 and case example?
Occupier will not be liable where tradesmen fail to guard against risks which they are expected to know about
Roles v Nathan
Questions that must be asked regarding independent contractors in OLA 1957 and cases?
Reasonable for occupier to give the work to an independent contractor? Haseldine v Dowand Son Ltd
Contractor must be competent to carry out task? Bottomley v Todmorden Cricket Club
Check work has been done properly? Woodward v The Mayor of Hastings
Defences in OLA 1957 and case?
Consent
Contributory Negligence
Warning Notice (Roe v Marrs)
What are the remedies for OLA 1957?
Court can award any damages for any personal injury suffered and any property damages
Definition of trespasser in OLA 1984?
A visitor who has no permission or authority to be on the occupiers land
Point of law in British Rail Board v Herrington for OLA 1984?
Occupiers have a duty of “common humanity” towards trespassers
Scope of duty for occupiers in OLA 1984?
Occupier is aware of the danger and has reasonable grounds to believe it exists
Reasonable grounds to believe that the other is in the vicinity of danger
Risk may be expected to offer the other some protection
Cases for adult trespassers in OLA 1984?
Ratcliff v McConnell
Donoghue v Folkestone Properties
Tomlinson v Congleton Borough Council
Higgs v Foster
Rhind v Astbury Water Park
Point of law in Ratcliff v McConnell for adult trespassers in OLA 1984?
Occupiers not liable if trespasser is injured by any obvious danger
Point of law in Donoghue v Folkestone for adult trespassers in OLA 1984?
Time of day and year when the accident happened will be relevant in deciding whether occupier owes a duty of care
Point of law in Tomlinson v Congleton Borough Council for adult trespassers in OLA 1984?
An occupier does not have to spend lots of money in making the premises safe from obvious danger
