Occupier's Liability

Question 1

How is ‘occupier’ defined? Case.

Answer 1

Anyone with ‘sufficient control’ - Wheat v Lacon.

Question 2

Will a naturally occurring feature be part of the ‘premises’?

Answer 2

Tomlinson v Congleton.

Question 3

What will be the expected standard of care to be shown to very young children? Case.

Answer 3

To make the premises safe for a young child as accompanied by an adult - Phipps v Rochester Corp.

Question 4

How will an allurement affect the expected standard of care? Case.

Answer 4

The standard will be higher. Glasgow Corp v Taylor.

Question 5

How will the expected standard of care vary for a tradesman? Case.

Answer 5

Occupier must safeguard against risks pertinent to their activity - Roles v Nathan.

Question 6

If the work done by an independent contractor is specialist, will the occupier be expected to check it? Case.

Answer 6

No - Haseldine v Daw.

Question 7

If the work done by an independent contractor is non-specialist, will the occupier be expected to check it? Case.

Answer 7

Yes - Woodward v Hastings.

Question 8

What requirements must be met for an exclusion note to be valid? Case.

Answer 8

Must be clearly worded, and reasonable steps must be taken to bring it to the attention of the victim - White v Blackmore.

Question 9

Will illegality be a defence to a claim under the OLA 1984? Why? Case.

Answer 9

No - negate’s Parliament’s desire to protect trespassers - Revill v Newberry.