Occupier's Liability 1957

Question 1

OLA 1957 s2 + English Heritage v Taylor

Answer 1

Occupier owes visitor duty to keep them safe rather than the premises

Question 2

Occupier owes visitor duty to keep them safe rather than the premises

Answer 2

English Heritage v Taylor

Question 3

Occupier

Answer 3

Owner of land/someone with sufficient control over the land (OLA 1957 s1, Wheat v E Lacon & Co Ltd)

Question 4

Lawful visitor

Answer 4

Someone with express/implied permission to enter the premises by the occupier (OLA 1957 s1)

Question 5

Premises

Answer 5

Land/building/vehicle where the tort takes place (OLA 1957 s1)

Question 6

Occupier may restrict/exclude liability via an exclusion clause

Answer 6

OLA 1957 s2

Question 7

Phipps v Rochester Co.

Answer 7

Expectation for young kids to be supervised

Question 8

Tradesmen

Answer 8

Roles v Nathan, OLA 1957 s2(3)(b) - Occupier not liable if tradesman is expected to guard against that risk
Tradesman liable if they injure other visitors unless D. knowingly hired an incompetent tradesman

Question 9

Glasgow Corporation v Taylor

Answer 9

A greater duty of care is owed to kids

Question 10

Cases involving children

Answer 10

Phipps v Rochester Co.
Glasgow Corporation v Taylor

Question 11

Roles v Nathan

Answer 11

Tradesman expected to guard against risks that they should know about or have been warned about