Occupier's Liability Act 1957 Flashcards
Section 2(1) OLA 1957 deals with
Visitors
S2(2) OLA 1957 deals with
Adult visitors
S2(3a) OLA 1957 deals with
Child visitors
S2(3b) OLA 1957 deals with
Skilled workers
S2(4a) OLA 1957 deals with
Warnings
S2(4b) OLA 1957 deals with
Independent contractors
S2(5) OLA 1957 deals with
General defences
What are the two general defences to this Act?
OLA 1957
- Consent
2. Contributory negligence
s2 (6) OLA 1957 deals with
Visitors who are exercising a right conferred by law e.g. firefighters or police officers with warrants
Unfair contract terms.
s2(1) says what?
s2(2) says what?
- O cannot exclude liability for death or PI
2. O can exclude liability for loss of of or damage to property.
Wheat v Lacon & Co
O is someone who has control over the premises
Laverton v Kiapasha Takeaway Supreme
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.”
Dean and chapter of Rochester cathedral v Pebell
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.”
Glasgow v Taylor
Allurements must be safeguarded
Phipps v Rochester Corporation
Os do not owe a duty of care to very young children
Rae v Mars Ltd
Warnings must be sufficient to tell the V how to avoid danger
Nathan v Roles
Skilled workers in the are expected to appreciate and guard against any special risks ordinarily incident to it
Hazeldine v Daw
It should be reasonable to subcontract Os work
Bottomley v Tomorden cricket club
O should check to a reasonable extent that the independent contractor is competent
Woodward v Mayor of Hastings
O should take reasonable care to ensure that the work is done.
Allurements def by common law:
“Things attractive or enticing to children but which conceal danger”
How much care should the O take?
OLA 1957
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”
What are the 3 vague elements Of OLA 1957
- Establishing duty of care
- Breach of duty
- Resulting damage
Note about warnings and children:
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.
