Occupier's Liability Flashcards
What is the general definition for occupier’s liability?
It is the legal responsibility of an occupier for damage caused by the state of the premises
What is the first common element?
D must be an occupier
What does the case of Wheat v Lacon show?
An ‘occupier’ is anyone with enough control over the premises - there can be more than on occupier of the same premises
What is the second common element?
D must be an occupier of ‘premises’
What is the section number and what counts as premises?
S1(3)(a) of the 1957 Act refers to having control of land and buildings, as well as a fixed or moveable structure, including any vessel, vehicle and aircraft
Who does the 1957 Act say counts as lawful visitors?
- Invitees (family/friends)
- Licensees (eg. landlords, builders, postmen)
- Anyone with contractual permission (eg. students, employees)
- Anyone with a statutory right of entry (eg. emergency services, bailiff)
When does the 1957 Act say a duty is owed and what is the section number?
S2(1) - an occupier of premises owes the common duty of care to all his visitors
What does S2(2) of the 1957 Act say the duty is? What is the case for this?
Occupiers have a duty towards visitors to take such care in all circumstances to see that the visitor is reasonably safe - risk factors are used when deciding this (Laverton v Kiapasha)
Which case shows that D doesn’t need to guarantee visitors will be completely safe, just make the premises safe?
Rochester Cathedral v Debell
What is the rule under S2(3)(a)?
D must be prepared for children to be less careful than adults and the premises must be reasonably safe for a child of that age
What case shows that D must take steps to prevent risks of an obvious allurement to children?
Glasgow Corp v Taylor
What does Jolley v Sutton show about allurements to children?
The damage from the allurement must be foreseeable
What does Phipps v Rochester show?
D can assume parents will not let very young children go to dangerous places alone
What is the rule under S2(3)(b)? What is the case illustrating this?
A person carrying out a trade/calling should ‘appreciate and guard against any special risks incident to it’ - professionals should be able to protect themselves from risks normally part of their job so D can take less care
Roles v Nathan
What does S2(1) show about exclusion clauses?
They must be clear and reasonable (if excluding liability for children, the child must be able to understand the exclusion)
What is the section number, case and rule about warnings as a defence?
S2(4)(a) - the warnings must be clear and effective
D mst give a warning that ‘in all the circumstances, will enable the visitor to be reasonably safe’
Rae v Mars
When does S2(4)(b) show that D will not be liable for the work of an independent contractor (with cases)?
- It was reasonable for the occupier to give the work to an independent contractor (Haseldine v Daw)
- D made sure the contractor is competent to carry out the the task (Bottomley v Todmorden)
- The occupier must check the work has been done properly (Woodward v Mayor of Hastings)
How does the 1984 Act define a trespasser?
Someone who does not have permission to be where they are/do what they are doing
When does S1(3) of the 1984 Act say a duty is owed?
(a) He is aware of the danger or has reasonable grounds to believe it exists
(b) He knows or has reasonable grounds to believe the other is in the vicinity or may come into the vicinity of the danger
(c) The risk is one D may be expected to offer some protection against
What does the case of Tomlinson v Congleton show?
If the risk is obvious and the danger comes from C’s activity, D needs to do little about offering protection
What does S1(4) OLA 1984 show?
D must take such care as is reasonable in the circumstances to keep C safe from any danger - risk factors
What case shows that children will be treated the same as adults under the ‘84 Act?
Keown v Coventry Healthcare
What is the defence for the ‘84 Act under S1(5)?
If D can show he has taken such steps as are reasonable in the circumstances to give a warning of the danger, or to discourage trespassers from taking the risk, this will be a complete defence
What remedy can be awarded for the 1957 and 1984 Acts?
1957 - damages for personal injury and property damage
1984 - damages only for personal injury
