Occupier's Liability 1957 & 1984

Question 1

How is an occupier defined in Wheat v Lacon?

Answer 1

Anyone with ‘ownership or control’ of a property

Question 2

Premises: ‘a f___ or m_____ structure inc. vessels, vehicles, aircraft’ s_(_)

Answer 2

Fixed, moveable, s1(3)

Question 3

Which case tells us that occupiers must keep visitors ‘reasonably safe’?

Answer 3

Laverton v Kiapasha Takeaway Supreme

Question 4

Why were the Ds in Laverton v Kiapasha not liable?

Answer 4

They mopped the floor as often as possible and had installed slip resistant tiles - they had done all that was reasonable of them

Question 5

Which section of the 57 Act covers children that are injured?

Answer 5

s2(3)(a)

Question 6

What does Taylor v Glasgow Corp. tell us about duty of care to children?

Answer 6

Occupiers are expected to guard against allurements

Question 7

Which case shows that very young children should be supervised?

Answer 7

Platt

Question 8

s2(3)(b) states that a tradesperson is ‘expected to g___ against risks o______ i_____ to their job’

Answer 8

Guard, ordinarily incident

Question 9

When can the defence in s2(4)(b) be used?

Answer 9

Where the work of an independent contractor has caused injury to another

Question 10

What is the first part of s2(4)(b)?

Answer 10

Was it reasonable to entrust the work?

Question 11

What happened in Haseldine v Dawes, and what does this case tell us?

Answer 11

A lift fell to the bottom of the shaft after maintenance by an independent contractor - the more technical the work, the more reasonable it is to entrust to another

Question 12

s2(4)(b)(ii) - D must take r_____ steps to ensure the independent contractor is c_____

Answer 12

Reasonable, competent

Question 13

What does Gwilliam say is sufficient for checking the competency of an independent contractor?

Answer 13

Asking if they are insured

Question 14

When will D be less expected to check work done by an independent contractor?

Answer 14

Where the work is more technical/specialist

Question 15

A ‘c____ visual i_____/e______’ may be sufficient for checking work under s4(b)(iii)

Answer 15

Cursory, inspection/examination (Woodward)

Question 16

What are the remedies for the 57 Act?

Answer 16

Damages for personal injury and damage to property

Question 17

How is a trespasser defined in Addie v Dumbreck?

Answer 17

‘One who goes upon land without invitation… and whose presence is either unknown, or if known, is objected to’

Question 18

What does s1(1) of the 84 Act tell us? And which case can be used to illustrate this?

Answer 18

That the claim must arise from the dangerous state of the premises, not from the dangerous activities from the claimant - Keown v Coventry NHS Trust

Question 19

Which section of the 84 Act states that D must have knowledge of the danger or has reasonable grounds to believe it exists?

Answer 19

s1(3)(a)

Question 20

s1(3)(b) tells us what about when a duty is owed under the 84 Act?

Answer 20

D must know or have reasonable grounds to believe the other is in the vicinity of the danger

Question 21

What happened in Donoghue v Folkstone Properties?

Answer 21

C suffered a broken neck on a permanent grid-pile, after diving into the sea at midnight and at high tide - no duty was owed as D had no reason to believe someone would be there at that time

Question 22

s1(3)(c) of the 84 Act: ‘the risk is one which he may be e______ to provide some p_____ against’ (P____ v Northampton BC)

Answer 22

Expected, protection, (Penney v Northampton BC)

Question 23

Name two factors which are considered in discharging a duty of care under s1(4) of the 84 Act

Answer 23

Likelihood of trespass, seriousness of injury risked, cost of precautions, age of trespasser

Question 24

What does Platt v Liverpool CC tell us about reasonable care?

Answer 24

‘Occupiers should not have to guard against an irresponsible minority’

Question 25

In which section of the 84 Act can warnings be found? And what must these warnings do?

Answer 25

s1(5) - must simply have to give warning of the danger

Question 26

What cannot be claimed for under s1(8) of the 84 Act?

Answer 26

Damage to property

Question 27

What are the remedies for the 84 Act?

Answer 27

C can claim for death or personal injury

Question 28

In which case did C jump into a pool on college grounds and become paralysed?

Answer 28

Ratcliff v McConnell

Question 29

Why did the claim fail in Rhind v Astbury Waterpark?

Answer 29

The containers under the water were not known to the defendants, so the requirements of s1(3)(a) were not satisfied

Question 30

What is the difference between the requirements of warning signs in the 57 & 84 Acts?

Answer 30

84 Act states warning signs must only give warning of the danger (Tomlinson v Congleton BC), where in the 57 Act they must enable the visitor to be ‘reasonably safe’