Occupier's liability Act 1957

Question 1

What does OLA 1957 state

Answer 1

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

Question 2

Test for who is occupier

Answer 2

Anyone who has sufficient control over the premises

Question 3

Authority for test of who is occupied

Answer 3

Wheat v E. Lacon & Co Ltd

Question 4

Empty houses can have an occupier

Answer 4

Harris v Birkenhead Corporation

Question 5

Definition of a visitor

Answer 5

Someone who has implied or expressed permission to be on the premises

Question 6

Authorities for definition of a visitor

Answer 6

S1(2)

Robson v Hallet

Question 7

Tolerance of treated trespass amounts to visitor

Answer 7

Lowery v Walker

Question 8

Permission may be limited to parts of the premises

Answer 8

The Calgarth

Question 9

State of mind and intention of ‘visitor’ is additional factor

Answer 9

Spearman v Royal United Bath Hospital

Question 10

Intoxication does not overrule permission to access property

Answer 10

Kolasa v Ealing Hospital NH Trust

Question 11

What is a premises

Answer 11

Any fixed or moveable structure, vessel, vehicle or aircraft

Question 12

Authorities for what is a premises

Answer 12

Wheeler v Copas

Question 13

Definition of common duty of care

Answer 13

Only foreseeable risks need be guarded against and only reasonable steps need be taken

Question 14

Authority for common duty of care

Answer 14

S2(2)

Question 15

No duty owed in respect if obvious risks

Answer 15

Darby v National Trust

Question 16

Cases of injury caused by dangerous activity at site dealt with under common law negligence

Answer 16

Ogwo v Taylor

Question 17

An occupier must be prepared that children are less careful than adults authority

Answer 17

S2(3)(a)

Glasgow Corporation v Taylor

Question 18

No binary approach that either occupiers or parents need be at blame for injuries to small children authority

Answer 18

Bourne Leisure Ltd v Marsden

Question 19

Lower standard of care to skilled visitors authorities

Answer 19

S2(3)(b)

Roles v Nathan

Question 20

Warning is not enough to discharge duty unless in all circumstances it is enough authority

Answer 20

Rae v Mars (Uk) Ltd

Question 21

Conditions for occupier discharging fury to indépendant contractor

Answer 21

Reasonable in entrusting work to contractor
Took reasonable steps to ensure that the contractor was competent
Took reasonable steps to ensure that work was properly done

Question 22

Authority for discharging duty to indépendant contractor

Answer 22

S2(4)(b)

Question 23

Authority for reasonable steps to be taken to check competency

Answer 23

Gwilliam v West Hertfordshire Hospital NHS Trust

Question 24

Authority for ensuring that work is done properly

Answer 24

Haseldine v Daw