occupiers liability

Question 1

OLA 1957 duty of care can only be established we establish

Answer 1

• who is occupier
• what duty is owed
• to whom
• in what circumstances

Question 2

OLA 1957 in regards to children

Answer 2

doc for children is higher . they wont know danger ‘to standards of the reasonable man’

Question 3

OLA 1957 define all the lawful visitors

Answer 3

• invitees
• licensees
• as of right
• implied permission

Question 4

OLA 1984 concerns trespassers. to be liable,the one in control of the premises must

Answer 4

• be aware of dangers on his premises
• be aware of trespassers on his premises
• be able to protect trespassers, but not do so.

Question 5

OLA 1984 where can liability be avoided?

Answer 5

• warnings

- exclusion warnings

Question 6

ola 1984 avoiding liability-warnings.when may warnings may not work as a way of avoiding liability

Answer 6

the claimant who has suffered damage must be an adult as warnings are not seen to be a sufficient method of protection for children and in many cases, if understood by the child, may be seen to be an allurement as the child does know danger

Question 7

ola 1984 avoiding liability-exclusion clauses. when may exclusion clauses not work

Answer 7

An exclusion clause may remove the occupier from liability for injury or damage suffered by a claimant as they have agreed and appreciated the dangerous nature of the premises before entering and have agreed not to place liability on the occupier. However, if serious harm or death occurs, the exclusion clause becomes void.

Question 8

CASES FOR OLA 1957

Answer 8

WHEAT V LACON (occupier)

ROLES V NATHAN (expert)

Question 9

OLA 1957 considerations when establishing the care required

Answer 9

• professionals (low)

- children (high) baby (low) bc has mom

Question 10

OLA 1957 VISITORS-limits?

Answer 10

purpose
area(pearson v coleman)
time

Question 11

OLA 1957 what is a premises

Answer 11

any fixed or moveable structure including any vessel, vehicle or aircraft. In Wheeler v Copas (1981) the Court held that a ladder was premises for the purpose of the Act

Question 12

ola 1984 avoiding liability-volenti is

Answer 12

there is no injury to one who consents. S2 (5) of the 1957 Act provides that an occupier is not liable to a visitor for those risks which the visitor willingly accepts