Occupier's Liability Act 1957

Question 1

what is occupier’s liability?

Answer 1

refers to the duty owed by landowners to those who come into their land.

Question 2

what is the occupier’s liability act 1957?

Answer 2

statutory duty on occupiers towards lawful visitors in respect of dangers due to the state of the premises or things done or omitted to be done on the premises.

Question 3

what is the occupier’s liability act 1984?

Answer 3

imposes liability on occupiers with regards to persons other than ‘his visitors’. common humanity on to occupiers towards trespassers.

Question 4

who is an ‘occupier’?

Answer 4

there is no statutory definition of ‘occupier’. can be someone who is an owner or tenant of the premises. decision of who is in control may be influenced by whose insurance policy covers the premises and is able to meet the claim.

Question 5

what are the cases relating to the ‘occupier’?

Answer 5

Wheat v E.Lacon and Co Ltd (1966)

Harris v Birkenhead Corporation (1976)

HoL held employers can be occupiers and there can be more than 1 occupier.

Question 6

what is meant by the term ‘premises’?

Answer 6

no statutory definition. s 1(3)(a) of the 1957 Act makes reference to a person having occupation or control of any ‘fixed or moveable structure, including any vessel, vehicle and aircraft.

Question 7

what are examples of ‘premises’?

Answer 7

houses, offices, land, a ship in a dry dock, vehicle, a lift, a ladder.

Question 8

what is a ‘lawful visitor’?

Answer 8

someone who has permission to be on your property. s2(1) the occupier owes the lawful visitor the common duty of care.

Question 9

who is a lawful adult visitor?

Answer 9

invitees
licensees
contractual permission
statutory right of entry

Question 10

who are invitees?

Answer 10

persons who have been invited to enter and who have express permission to be there

Question 11

who are licensees?

Answer 11

persons who may have express or implied permission to be on the land for a particular period

Question 12

who are those with contractual permission?

Answer 12

people who have bought entry tickets to an event.

Question 13

who are those with a statutory right of entry?

Answer 13

right of entry e.g. meter readers, police constables

Question 14

what is the standard of care owed to an adult visitor?

Answer 14

according to s2(2), the occupier does not have to make the visitor make the visitor completely safe in the premises but to only do what is reasonable.

Question 15

what case demonstrate the standard of care owed to an adult visitor?

Answer 15

Laverton v Kiapasha Takeaway Supreme (2002)

not liable as they did not have to make the shop completely safe.

Question 16

what are the rules relating to Occupier’s liability in relation to children?

Answer 16

s2(3) special duty to children = occupier must be prepared for children to be less careful than adults. the premises must be reasonably safe for a child of that age.

Question 17

in relation to child visitors, what is the allurement principle?

Answer 17

Glasgow Corporation v Taylor (1922)

occupiers should guard against any kind of allurement or attraction which places child visitor at risk of harm.

Question 18

in relation to child visitors, what is the supervision principle?

Answer 18

Phipps v Rochester Corporation (1955)-council not liable. when young children are hurt, courts reluctant to find occupiers liable as child should be under supervision of parents or adult.

Question 19

in relation to child visitors, what is the foreseeability principle?

Answer 19

Jolley v London Borough of Sutton (2000)

if allurement exists, no liability on occupier if damage not foreseeable.

Question 20

what is the standard of care for a child visitor?

Answer 20

measured subjectively to the age of the child. standard of care for child is higher as children often find ways of putting themselves in danger when on premises.

Question 21

what are the rules for occupier’s liability to people carrying out a trade or calling? (tradesmen on property)

Answer 21

Occupier may expect tradesman to ‘appreciate and guard against any special risks in relation to their expertise’ (Roles v Nathan) – This is a defence but not a defence if tradesman injured by something different not related to his trade.

Question 22

would an occupier be liable for a tradesman who failed to guard against a risk that they should know about?

Answer 22

No. not liable if the nature of danger was expected in their area of expertise.

Question 23

what are the rules of occupiers liability for the torts of independent contractor?

Answer 23

Under s2(4)(b), an occupier is not liable for any dangers created by an independent contractor. however, 3 requirements must be satisfied for this.

Question 24

what are the 3 requirements that must be satisfied for an occupier to pass the claim onto the workman for their negligence?

Answer 24

1) reasonable for occupier to give the work to independent contractor (specialist) (Haseldine
v Daw & Son Ltd)

2) Contractor must be competent: Occupier to do checks on references/recommendations/trade associations/ check if properly insured (Bottomley v Todmorden Crikcet Club)
3) Check work done properly: employ expert if unsure (Woodward v Mayor of Hastings)

Question 25

what are the 4 defences to a claim by a lawful visitor?

Answer 25

contributory negligence
consent (volenti non fit injuria)
warning notice- oral or written
exclusion clause

Question 26

what does damages mean?

Answer 26

compensation awarded by the court for the injuries he or she have suffered.

Question 27

what is pecuniary loss?

Answer 27

loss that can easily be calculated in money terms e.g. cost of hiring a car while C’s car is being repaired

Question 28

what is non-pecuniary loss?

Answer 28

loss that is not wholly money based, can include pain and suffering as a result of accident, loss of amenity or a change in lifestyle e.g. not being able to play sports

Question 29

what are special damages?

Answer 29

amount which can be calculated specifically up to date of trial or settlement. for pecuniary loss

Question 30

what are general damages?

Answer 30

non pecuniary losses and are looking forwards from trial or settlement date. include medical evidence of the effect of the accident on C and how long suffering or injuries will heal

Question 31

what is a lump sum?

Answer 31

when courts make an award for non pecuniary losses, they can only award a lump sum. C cannot come back to say they exhausted the damages, unfair on those whose conditions may become worse in the future.