occupiers

Question 1

what is an occupier?

Answer 1

an occupier is a person who exercises a sufficient control over the premises.

Question 2

according to wheat v lacon do they need to be the owner?

Answer 2

no

Question 3

Can there be more than one occupier?

Answer 3

Yes, they can be sold on multiple occupiers

Question 4

What does a visitor refer to?

Answer 4

Someone’s express or implied permission to be on land, as well as those with legal right of entry, such as a contractor, or a postman

Question 5

what does imply permission include

Answer 5

licenses people who visited multiple times have implied permission
lowery v walker

Question 6

geary v weatherspoon

Answer 6

Permission can be exceeded, making the visitor a trespasser

Question 7

wheeler v copas

Answer 7

There is no definition of a premises, but the meaning is broad, covering land, buildings, and structures

Question 8

s(1)3 states

Answer 8

it covers fix removable structures, as well as aircraft boats and vehicles

Question 9

Occupiers or a current duty of care, to all visitors, according to what section

Answer 9

2(1)

Question 10

There is a duty to do what?

Answer 10

What is reasonable to say that their visitor will be reasonably safe for the purposes of which they are permitted to be on the premises

Question 11

staples v west dorset council

Answer 11

There is no obligation to one or protect against obvious risks

Question 12

section 2(3) a states

Answer 12

An occupy must be prepared for children to be less careful than adults

Question 13

glasgow v taylor

Answer 13

A greater duty is owed to children by an occupier

Question 14

phipps v rochester

Answer 14

The younger, the child, the more likely that the courts will decide that the primary responsibility for the care of the child rests with the parents

Question 15

Occupied or trades of duty under section

Answer 15

2(3)b

Question 16

nathan v roles

Answer 16

An occupier can expect the contractual guard against any special risks, which arise during their job

Question 17

under s(4)(b) how are contractors seen

Answer 17

as occupiers in relation to the work, they carry out as seen in haseldine v daw

Question 18

In regards to independent contractors, the occupier will not be held liable as long as

Answer 18

They have taken the reasonable steps to select a contractor and the check work is properly carried out. If it is highly tech technical, there is a little an occupy could be expected to do other than visual check on making sure something works.

Question 19

is a warning enough 

Answer 19

A warning is not enough on its own. The warning must be sufficient to keep visitors reasonably safe warnings are not required, where risk is obvious.

Question 20

tomlinson v congleton

Answer 20

Although a sign may show the defendant has taken reasonable care

Question 21

when may a warning not be sufficient

Answer 21

children

Question 22

s5 OLA 1957

Answer 22

there is one defence, voluntary assumption of risk or Volemti but the defence to apply the claimant must be aware of the risk and must voluntarily assume that risk

Question 23

sawyers v harlow

Answer 23

if the claimant contributes the loss or injury the damages will be reduced by percentage

Question 24

What is the remedy awarded?

Answer 24

Damages

Question 25

what does OLA 1984 relate to

Answer 25

Focuses on the dangerous state of the premises. If someone is injured due to their own actions, rather than the dangerous state of the building, the claim will fail.

Question 26

There are three preconditions which are

Answer 26

The premises must be dangerous. I’ll have reasonable ground, believe that there is danger.rhind v astbury

He knows or has reasonable grounds tonight someone will come into the vicinity of danger donoghue v stevenson

 the risk is one which it is reasonable to expect the defendant to offer some protection against keown v coventry nhs trust

Question 27

The occupier has a duty to take reasonable steps to ensure the trespasser does not suffer injury as a result of danger. However, the duty owed is

Answer 27

Significantly less exacting than the duty, owed to lawful visitors
donoghue v folkestone

Question 28

What factors will the court consider when deciding what is reasonable?

Answer 28

The likelihood of trespass,
extensive danger
how easy it would be to provide protection,
the cost and practicality,
whether the danger is an attraction platt v liverpool

Question 29

platt v liverpool

Answer 29

is the danger an attraction?

Question 30

ratcliffe v mcconnell

Answer 30

there is no duty to warn of obvious risks