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Torts > occupiers liability > Flashcards

occupiers liability Flashcards

1
Q

two occupiers liability acts

A

1957 and 1984

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2
Q

who does the 1957 OLA apply to

A

visitors

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3
Q

who is a visitor 1957

A

those with express or implied permission to enter premises. Not those with a right of way

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4
Q

what is a premises 1957

A

any fixed or moveable structure

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5
Q

do you need an interest in land 1957

A

no

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6
Q

what is the duty on occupiers in 1957 act

A

occupiers owe a duty to see that visitors will be reasonably safe in using premises for invited purpose

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7
Q

what if the property is not safe 1957

A

it is the visitor that must be safe not the whole property

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8
Q

are damage to property, personal injury and death all covered by 1957 act

A

yes

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9
Q

does the 1957 act apply to children in the same way as adults

A

expect children to be less careful than adults but expect parents to be responsible. no liability if danger is obvious to adults and reasonable to expect that children by supervised

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10
Q

does the 1957 act apply to skilled visitors in the same way as other visitors

A

can expect them to guard against any special risks

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11
Q

can warnings allow D to avoid occupiers liability

A

only if warning is enough to enable C to stay safe

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12
Q

is there a general duty to warn about obvious risks

A

no

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13
Q

can D modify, restrict or exclude occupiers liability of 1957

A

UCTA - reasonable
CRA - fairness - applies if visitor entered for consumer transaction
not for personal injury or death

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14
Q

who does the 1984 OLA apply to

A

persons other than visitors e.g. trespassers and rights of way

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15
Q

are personal injury, death and property damage all covered by 1984 act

A

no only personal injury and death. Property damage not covered

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16
Q

can C’s actions be taken into account when considering occupier’s liability

A

no - damage must be caused by state of premises not occupier’s actions

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17
Q

when does an occupier owe a duty of care to someone other than a visitor under 1984 act

A

D is aware of danger or has reasonable grounds to know it exists.
knows or has reasonable grounds to believe trespassers or might come into vicinity of danger
risk is one which D may reasonably be expect to give C some protection

18
Q

what is the duty of care of an occupier against someone other than a visitor in 1984 act

A

duty to take such care as is reasonable in the circumstances to see that C doesn’t suffer injury on the premises by reason of the danger concerned.

19
Q

What must be shown to fall within 1957 act

A

Suffered loss due to state of premises
ID occupier
They are visitor
D failed to take reasonable care for safety of V

20
Q

Who is an occupier

A

Sufficient degree of control over property

21
Q

Can there be more than one occupant

A

Yes

22
Q

Who is a visitor

A

Express or implied permission to be on land incl under contract or to exercise any right conferred by law

If they exceed permission they become trespassers

23
Q

What is premises

A

Open land and fixed or moveable structures

24
Q

What is the standard of care under 1957 act

A

Reasonable occupier

25
Q

What is the occupiers duty under 1957 act

A

Take reasonable care for Vs safety for purpose for which they are permitted to be there

Safety of v not of premises

26
Q

Is that standard of care different for children visitors

A

Yes children need higher degree of care but met this if it is safe for child with adult where it can be expected that they will be accompanied

27
Q

Is the standard of care different for skilled visitors

A

Yes can expect them to guard against special risks

28
Q

Is a warning given by occupier sufficient to meet their duty to a visitor

A

Yes if the warning enables Vs reasonable safety

29
Q

Is an occupier liable where injury results for the work of an independent contractor

A

Not if occupier acted reasonably in
Entrusting contractor
And
Took steps to check contractor was competent
And
Took reasonable steps to check work was done properly

Only applies to construction, maintenance and repair works

30
Q

Who does the 1984 act apply to

A

People without express or implied permission even if they don’t know they are trespassers

31
Q

What is the duty under the 1984 act

A

Duty to take such care as is reasonable in all the circumstances to see that T does not suffer injury on the premises by reason of danger

32
Q

What is the standard of care under 1984 act

A

Reasonable occupier

33
Q

What type of loss can be recovered under 1984 act

A

Death
Personal injury

Not property damage

34
Q

Can warning discharge duty under 1984 act

A

Yes
But may not be enough for children
Also applies to discouragement eg barriers

35
Q

Defences under 1984 act

A

Consent
Contributory negligence
Illegality (T entered to commit a crime)

36
Q

Relevance of the way T acts

A

Liability to is about state of premises not way T acts so if pool is safe but not for diving and sign makes this clear but T dives anyway then no liability for O

37
Q

Requirements to owe a duty under 1984 act

A

O must;
Be aware of danger or have reasonable grounds to believe it exists
Know or have reasonable grounds to believe T is in vicinity of damaged or may become so
And.
Be reasonably expected to offer T some protection against risk

38
Q

What does reasonable grounds to believe me under 1984 act

A

Actual knowledge of facts that leads them to be aware of damages or presence of T

39
Q

Can liability be excluded under 1957 act

A

Yes
Take steps to bring it to Vs attention
UCTA applies to business Os but not private Os
CRA applies to consumer - trader relationships but not to private Os

40
Q

Defences under 1954 act

A

Consent

Eg all visitors enter at their own risk

Consent rules must be met: know risk and show by conduct they accept it

Torts (8 decks)

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