Occupier's Liability Act 1957

Question 1

Section 2(1) OLA 1957 deals with

Answer 1

Visitors

Question 2

S2(2) OLA 1957 deals with

Answer 2

Adult visitors

Question 3

S2(3a) OLA 1957 deals with

Answer 3

Child visitors

Question 4

S2(3b) OLA 1957 deals with

Answer 4

Skilled workers

Question 5

S2(4a) OLA 1957 deals with

Answer 5

Warnings

Question 6

S2(4b) OLA 1957 deals with

Answer 6

Independent contractors

Question 7

S2(5) OLA 1957 deals with

Answer 7

General defences

Question 8

What are the two general defences to this Act?

OLA 1957

Answer 8

1. Consent

2. Contributory negligence

Question 9

s2 (6) OLA 1957 deals with

Answer 9

Visitors who are exercising a right conferred by law e.g. firefighters or police officers with warrants

Question 10

Unfair contract terms.
s2(1) says what?
s2(2) says what?

Answer 10

1. O cannot exclude liability for death or PI

2. O can exclude liability for loss of of or damage to property.

Question 11

Wheat v Lacon & Co

Answer 11

O is someone who has control over the premises

Question 12

Laverton v Kiapasha Takeaway Supreme

Answer 12

O has to make sure that visitors are “reasonably safe in using the premises for the purpose he has been invited or permitted by the O to be there.”

Question 13

Dean and chapter of Rochester cathedral v Pebell

Answer 13

O has to make sure that visitors are “reasonably safe in using the premises for the purpose he has been invited or permitted by the O to be there.”

Question 14

Glasgow v Taylor

Answer 14

Allurements must be safeguarded

Question 15

Phipps v Rochester Corporation

Answer 15

Os do not owe a duty of care to very young children

Question 16

Rae v Mars Ltd

Answer 16

Warnings must be sufficient to tell the V how to avoid danger

Question 17

Nathan v Roles

Answer 17

Skilled workers in the are expected to appreciate and guard against any special risks ordinarily incident to it

Question 18

Hazeldine v Daw

Answer 18

It should be reasonable to subcontract Os work

Question 19

Bottomley v Tomorden cricket club

Answer 19

O should check to a reasonable extent that the independent contractor is competent

Question 20

Woodward v Mayor of Hastings

Answer 20

O should take reasonable care to ensure that the work is done.

Question 21

Allurements
def by common law:

Answer 21

“Things attractive or enticing to children but which conceal danger”

Question 22

How much care should the O take?

OLA 1957

Answer 22

Visitors should be

“reasonably safe in using the premises for the purpose he has been invited or permitted by the O to be there for”

Question 23

What are the 3 vague elements Of OLA 1957

Answer 23

1. Establishing duty of care
2. Breach of duty
3. Resulting damage

Question 24

Note about warnings and children:

Answer 24

Warning may not be adequate to children as they may not appreciate the danger of the risk so additional steps may be needed to safeguard them.