Occupier's Liability

Question 1

Who is the occupier?

Answer 1

A person with some degree of control over the premises

Question 2

Occupier case

Answer 2

Wheat v Lacon

Question 3

How is premises defined?

Answer 3

Not only a fixed building or land, but also any moveable structure, vehicle, vessel and aircraft

Question 4

Permission case

Answer 4

Lowery v Walker

Question 5

How is a visitor defined?

Answer 5

A person who has obtained permission to enter the premises

Question 6

What is express permission?

Answer 6

Permission which is given

Question 7

What is implied permission?

Answer 7

Sometimes the court decides that the trespasser had implied permission to be on the premises

Question 8

What is right of way?

Answer 8

A person using a right of way is not classed as a visitor

Question 9

Right of way case

Answer 9

McGeown v Northern Ireland Housing

Question 10

s2(1)

Answer 10

An occupier owes a duty of care to visitors

Question 11

s2(2)

Answer 11

The visitor must be made safe, not the premises

Question 12

What is an allurement?

Answer 12

Something that attracts people onto the premises

Question 13

Allurement case

Answer 13

Glasgow v Taylor

Question 14

s2(3)(a)

Answer 14

Children-

Must be prepared for children to be less careful than adults

Question 15

s2(3)(b)

Answer 15

Persons Exercising a Calling-

Those carrying out a trade are expected to take measures to avoid harm

Question 16

Exercising a calling case

Answer 16

Roles v Nathan

Question 17

s2(4)(b)

Answer 17

Independent Contractors-
Not liable for faulty work of contractor as long as it was reasonable to hire them and the occupier had taken reasonable care to check that the contractor was competent and the work was done properly

Question 18

Independent contractors case

Answer 18

Haseldine v daw

Question 19

s2(4)(a)

Answer 19

Warnings-

If sufficient warning of danger has been given so as the visitor is made reasonably safe, occupier will not be liable

Question 20

Warnings case

Answer 20

Darby v National Trust

Question 21

s2(5)

Answer 21

Volenti

Question 22

What can you claim for in OLA 1957?

Answer 22

• Personal injury

- Property damage

Question 23

What can you claim for in OLA 1984?

Answer 23

-Personal injury

Question 24

How is a trespasser defined?

Answer 24

A trespasser is someone who enters land or premises without permission

Question 25

s1(3) - occupier of premises owes a duty to another if… (A)

Answer 25

A. He is aware of the danger or has reasonable grounds to believe it exists

Question 26

s1(3) - occupier of premises owes a duty to another if… (B)

Answer 26

B. He knows or has reasonable grounds to believe that the other is in the vicinity of the danger concerned or that he may come into the vicinity of the danger

Question 27

s1(3) - occupier of premises owes a duty to another if… (C)

Answer 27

C. The risk is one against, which, in all the circumstances of the case, he may reasonably be expected to offer the other some protection

Question 28

Occupier must be aware of the danger case

Answer 28

Ratcliff v McConnell

Question 29

Occupier must believe the trespasser may encounter the danger case

Answer 29

Donoghue v Folkestone Properties

Question 30

Visitor turned trespasser case

Answer 30

Tomlinson v Congleton

Question 31

s1(4)

Answer 31

To take such care as is reasonable in all the circumstances of the case to see that the trespasser does not suffer injury on the premises by reason of the danger concerned

Question 32

s1(5)

Answer 32

A warning may discharge duty, but only if it is clear enough so that the risk is obvious to the trespasser

Question 33

s1(6)

Answer 33

An occupier will not be liable for injury sustained by a trespasser if they have willingly accepted the risk of it occurring