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Law Of Obligations II > Occupier’s Liability Basics > Flashcards

Occupier’s Liability Basics Flashcards

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1
Q

Which states are relevant?

A

OLA 1957
OLA 1984

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2
Q

What is the basic definition for occupiers liability?

A

Legal concept which outlines the DOC owed by the occupier of premises to visits or trespassers who enter the premises

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3
Q

What are the prerequisites for OLA

A
  1. D must be an occupier
  2. The incident just occurred on the premises
  3. The danger was a static danger
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4
Q

Where to find a definition of an occupier? (And case examples)

A

No statute definition, found in the Common law:
Wheat v Lacon
Jordan v Achaea
Maddocks v Clifton

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5
Q

What is the definition of an occupier?

A

Someone with a sufficient degree of control over the premises

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6
Q

What is a premises (where is this definition found)?

A

S.1(3)(a) ‘57: any fixed or immovable structures including vessels, vehicles or aircraft’s.

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7
Q

What are some examples of premises (case law)?

A

Land:
Simpson v Al Dairy Farm

Buildings:
Rae v Mars (factory)

Moveable structures:
Shtern v Cummings (hotel fridge)

Vessels:
Lambert v VJ Glover (ship)

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8
Q

What two things must the premises be?

A

Dangerous and defective

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9
Q

What is considered defective

A

Out of repaid and not an obvious risk

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10
Q

What is a static danger

A

Dangerousness of the premises

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11
Q

What is an activity danger

A

Dangerous activities permitted in the premises by the occupier

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12
Q

Common law stance on static/activity dangers?

A

Activity danger was considered to be governed by the general principles of negligence, not OLA

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13
Q

What does OLA say on static/activity dangers

A

Alludes to protecting both but this is uncertain given the case law

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14
Q

Uncertain case law on static/activity danger post OLA

A

Revill v Newbury
Tomlinson v congleton

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15
Q

Pre OLA case law on static/activity danger

A

Glasgow city corp v muir

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16
Q

Case example of a non obvious risk of a premises to children …

A

Keown v Coventry healthcare NHS Trust

17
Q

What does S.1(1) OLA (57 + 84) state

A

Purpose of the act is to replace the common law to regulate the care that an occupier owes to visitors in Respect of the dangers due to state of premises or things done.

18
Q

What does OLA ‘57 s1(2) state

A

Shall not alter rules of the common law as to the persons whom a duty is imposed

19
Q

What does OLA 57 s.2(2) state

A

Refers the common DOC to a duty to take such care to see that the visitor will be reasonably safe using the premises.

20
Q

What does s.2(2) refer to/mean

A

It does replace the common law rules hit doesn’t necessarily mean they’ll be altered

21
Q

What is the better view in relation to activity dangers

A

Only static dangers come under OLA.
Activity danger comes under the general rules of negligence

22
Q

What does OLA 57 apply to and where is this outlines

A

S.2(1)Lawful visitors

23
Q

What is the common DOC for lawful visitors

A

Requires the occupier to do whatever is reasonable to see that their visitor would be reasonably safe at their premises

24
Q

What does OLA 84 protect

A

Trespassers

25
Q

What is relevant about the DOC owed to trespassers

A

Not automatically owed a DoC

26
Q

Who’s a visitor (what section)

A

OLA 57 s1(2): invitees or licensees

27
Q

What is an invitee

A

A person who enters with an express or implied invitation for a mutual economic interest. Purpose related to business activities

28
Q

What is a licensee

A

A person who enters with express or implied permission without need for a direct benefit between parties

29
Q

Who’s a trespasser (what section)

A

S1(1) 1984: persons other than viditirs

30
Q

Is a friend an invitee (case)

A

No
Robert Addie v Dembreck

31
Q

What about landlords

A

Better protected under s.4 Defective Premises Act 1972

32
Q

Cases to define trespasser?

A

Robert Addie v Dumbreck
Herrington v British railway board

33
Q

Statute for downgrading a visitor?

A

57 s2(2) - ensure reasonable safeness unless they exceed their permission

34
Q

Cases for downgrading a visitor

A

The Calgarth
Sidon v Patel
Molasses c Ealing hospital
Tomlinson v congleton
Stone v taffe

35
Q

Common law ways to upgrade a visitor

A

Doctrine of all unmet
Implied license to enter

36
Q

Who is the doctrine of allurement for

A

Children

37
Q

What also needs to be considered when downgrading a visitor (+ case)

A

State of mind of claimant (spearman v Royal Bath Hospital)

38
Q

What just claimant do for implied license to enter

A

Frequently enter with occupiers knwoledge

39
Q

Uncertainty regarding upgrading a trespasser (cases)

A

Uncertain post OLA whether they still apply
Allurement:
Keown v Coventry hospital

Implied license:
Harvey v Plymouth

Law Of Obligations II (13 decks)

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