Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law: Tort Law (Add Evaluation) > Occupiers Liability > Flashcards

Occupiers Liability Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

What is occupiers liability?

A

Is a field of tort law which concerns the duty of care owed by those who occupy real property, to people who visit or trespass.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What two acts deal with occupiers liability?

A
  • Occupiers liability act 1957 deals with lawful visitors.

- Occupiers liability act 1984 deals with trespassers.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the main remedy for successful occupiers liability claims?

A

Compensation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is an occupier?

A

Basically anyone deemed to be in control of a premises.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Who are lawful adult visitors?

A
  • Invitees.
  • Licensees.
  • Those with contractual permission.
  • Those with statutory rights of entry- police, etc.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Describe occupiers liability to children.

A
  • Subjective, depends on age.

- Sometimes the occupier is not found liable because the child affected was not supervised by guardian.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

How does allurement affect occupiers liability?

A

If an allurement exists, then if the damage or injury is not foreseeable, there may be no liability on the occupier.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Describe occupiers liability to people carrying out a trade.

A

Occupier owes duty of care. However, if the tradesman has failed to protect himself from any special risks, then occupier may not be liable.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are defences to a claim by a lawful visitor?

A
  • Contributory negligence.
  • Volenti (Consent).
  • Warning sign/obvious danger.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

How is an occupier liable to trespasser? (1984 act)

A

Traditionally the occupier owed the trespasser no duty at all. Changed as they owe a duty of common humanity.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are some factors affecting liability to trespassers?

A
  • No liability if danger is obvious and trespasser is adult.

- Occupiers not expected to spend lots on risk proof.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are defences to a claim by a trespasser?

A
  • Contributory negligence.
  • Consent.
  • Warning in very clear terms.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What can trespassers claim for (remedies)?

A

Only personal injury claims.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the difference between the 1957 and 1984 Acts?

A

•1957 Act – allows for personal injury and damage to property claims, whereas the 1984 Act only allows for personal injury.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is objective approach?

A

•1957 Act requires the occupier to do all in their power to ensure that the visitor will be reasonably safe.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is subjective approach?

A

•1984 Act demands that the occupier needs to be aware or have reasonable grounds to believe that there is a danger before they are liable

17
Q

What was the legal principle of Glasgow Corporation v Taylor (1922) (Child poisoned by berries in park).

A

•Occupier has to protect child visitors from allurement.

18
Q

What is legal principle of Laverton v Kiapasha Takeaway Supreme (2002)? (Customer injured in shop).

A

•The premises don’t have to be completely safe. Occupier has to make premises reasonably safe.

19
Q

What case links to OL for the torts of independent contractors?

A

Haseldine v Daw & Son. (Claimant killed when lift fell). Occupier not negligent for the repair as work is highly specialist activity.

20
Q

What case links to young children supervision?

A

Phipps v Rochester Corporation (child fell in trench) -Occupier can expect parents to supervise young children.

21
Q

What case links to unaware danger?

A

Rhind v Astbury water park. (Glass at bottom of lake on private grounds) -O doesn’t owe a duty for danger he’s unaware of.

22
Q

What case links to defences to a claim by trespasser?

A

Westwood v Post Office. (Entered unlocked room with sign on door). D not liable as notice was a sufficient warning to an adult.

23
Q

To remember Occupier’s Liability Act 1957 points in exam?

A
  • Definition
  • The duty and standard of care in the 1957 act
  • Avoiding the duty
24
Q

Main A01 points for Occupiers Liability Act 1957?

A
  • Occupiers and premises
  • Lawful adult visitors
  • OL to children, tradesmen, independent contractors
  • Defences
25
Q

Main A01 points for 1984 Act?

A
  • Explanations

- Defences

Law: Tort Law (Add Evaluation) (6 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions