Occupiers Liability Flashcards
TOMLINSON V CONGLETON BOROUGH COUNCIL
D is not liable as it was due to c’s foolish activity’s and not the state of the premises.
BRITISH RAILWAY BOARD V HERRINGTON
Occupiers owe a duty of common humanity to the trespassers.
THE CALAGRAPH
Lord scrutton said when you invite someone into your house to use the stairs you do not invite them in to slide down the bannister.
ROLE V NATHAN
Lord denning pointed out that the occupier would have been liable if sweeps had died.
WHEAT V LACON
The test for occupation was sufficient control test.
DARBY V NATIONAL TRUST
The common duty of care did not extend to a requirement to warn visitors of obvious risk.
MARTIN V MIDDLESBORPUGH CORPORATION
The local council were liable as they had not made adequate arrangements for disposal of litter.
RHIND V ASTBURY WATER PARK
The occupier had no reason to know of the dangerous objects so there was no liability.
GLASCOW CORPORATION V TAYLOR
This case introduced the rule on allurement.
PHIPPS V ROCHESTER CORPORATION
Very young children should be supervised by their parents.
WOODWARD V MAYOR HASTINGS
The risk should have been obvious to the occupier.
HASLEDINE V DAW & SON LTD
If the work is of complex or technical nature it is less reasonable to impose this obligation and the less occupier.
COTTON V DERBYSHIRE COUNCIL
There is no obligation to display a warning when the danger is one that should be obvious to any visitor.
TAYLOR
OLA 1957 doesn’t mention this but damages will be reduced if the visitor is partly to blame.
