Occupier's Liability

Question 1

What is the general definition for occupier’s liability?

Answer 1

It is the legal responsibility of an occupier for damage caused by the state of the premises

Question 2

What is the first common element?

Answer 2

D must be an occupier

Question 3

What does the case of Wheat v Lacon show?

Answer 3

An ‘occupier’ is anyone with enough control over the premises - there can be more than on occupier of the same premises

Question 4

What is the second common element?

Answer 4

D must be an occupier of ‘premises’

Question 5

What is the section number and what counts as premises?

Answer 5

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

Question 6

Who does the 1957 Act say counts as lawful visitors?

Answer 6

• 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)

Question 7

When does the 1957 Act say a duty is owed and what is the section number?

Answer 7

S2(1) - an occupier of premises owes the common duty of care to all his visitors

Question 8

What does S2(2) of the 1957 Act say the duty is? What is the case for this?

Answer 8

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)

Question 9

Which case shows that D doesn’t need to guarantee visitors will be completely safe, just make the premises safe?

Answer 9

Rochester Cathedral v Debell

Question 10

What is the rule under S2(3)(a)?

Answer 10

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

Question 11

What case shows that D must take steps to prevent risks of an obvious allurement to children?

Answer 11

Glasgow Corp v Taylor

Question 12

What does Jolley v Sutton show about allurements to children?

Answer 12

The damage from the allurement must be foreseeable

Question 13

What does Phipps v Rochester show?

Answer 13

D can assume parents will not let very young children go to dangerous places alone

Question 14

What is the rule under S2(3)(b)? What is the case illustrating this?

Answer 14

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

Question 15

What does S2(1) show about exclusion clauses?

Answer 15

They must be clear and reasonable (if excluding liability for children, the child must be able to understand the exclusion)

Question 16

What is the section number, case and rule about warnings as a defence?

Answer 16

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

Question 17

When does S2(4)(b) show that D will not be liable for the work of an independent contractor (with cases)?

Answer 17

• 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)

Question 18

How does the 1984 Act define a trespasser?

Answer 18

Someone who does not have permission to be where they are/do what they are doing

Question 19

When does S1(3) of the 1984 Act say a duty is owed?

Answer 19

(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

Question 20

What does the case of Tomlinson v Congleton show?

Answer 20

If the risk is obvious and the danger comes from C’s activity, D needs to do little about offering protection

Question 21

What does S1(4) OLA 1984 show?

Answer 21

D must take such care as is reasonable in the circumstances to keep C safe from any danger - risk factors

Question 22

What case shows that children will be treated the same as adults under the ‘84 Act?

Answer 22

Keown v Coventry Healthcare

Question 23

What is the defence for the ‘84 Act under S1(5)?

Answer 23

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

Question 24

What remedy can be awarded for the 1957 and 1984 Acts?

Answer 24

1957 - damages for personal injury and property damage

1984 - damages only for personal injury