Occupiers Liability

Question 1

What is the use of the Occupier’s Liability Act 1957

Answer 1

Occupiers’ Liability Act 1957 deals with lawful visitors
Allows compensation for personal injuries and also damage to property

Question 2

What is the use of the Occupier’s Liability Act 1984

Answer 2

Occupiers’ Liability Act 1984 deals with trespassers
Only refers to personal injuries, not damage to property
Occupier must’ve been aware of the danger
Age of trespasser is taken into consideration

Question 3

What is Occupier’s Liability

Answer 3

A field of tort that involves reasonable or unreasonable visit to a piece of land whether it is lawful or trespassed.

Question 4

What are the 2 Acts that deal with Occupiers Liability

Answer 4

Occupiers Liability Act 1984
Occupiers Liability Act 1957

Question 5

What is the main remedy that is seeked by defendants in Occupiers Liability

Answer 5

Compensation (financial benefits)

Question 6

Define Occupier

Answer 6

No statutory definition for Occupier
Usually a person that owns a property, land etc.

Question 7

Define Lawful Visitor

Answer 7

A visitor to a property with permission
Usually contractual permission or statutory rights of entry (police etc.)

Question 8

What duty does an Occupier (owner) have to a lawful visitor

Answer 8

Occupier has a responsibility to make sure that the visitor is safe at a reasonable level when under their supervision/liability

Question 9

Why is there a significance when referring to care towards children

Answer 9

• Children have much more limited minds in comparisons to adults
• They may not have the development of making right and wrong decisions
• Easily succeptible to Allurment

Question 10

What exception allows the occupier to become not liable with a case with the involvement of a child

Answer 10

If the parent was in supervision fo the child and was not looking afte the child
Causing the child to wander off by themselves while under protection of someone else

Question 11

Why is there no age limit on the word ‘child’

Answer 11

?

Question 12

What is the liability occurance when a trade is taking place

Answer 12

If a tradesman is injured while under terms of trade, The occupier is liable as they owe them a duty of care
However the injury must be related to the source of trade

Question 13

What has the s 2(4) Act 1957 represented

Answer 13

It shows that a warning sign is insufficient when showing signs of danger
However if the danger is obvious, no addition sigsn are necessary

Question 14

Exception to Liability of Occupier

Answer 14

No liability if the danger is obvious and the trespsser is an adult
If the occupier had no reason to suspect trespassers

Question 15

Defences to be used against a trespasser

Answer 15

If the danger is presented very clearly
Consent is given to entire the premises

Question 16

What is the only exception a trespasser can claim compensation for

Answer 16

Personal Injuries

Question 17

What is the difference between occupiers liability and general negligence

Answer 17

Occupiers liability deals with people in reasonable or unreasonable grounds of permission to be on a land, whereas general negligence refers to a general duty of care

Question 18

What is defined by ‘Real Property’

Answer 18

A generic term used to describe land that an occupier is incharge of

Question 19

Which case study shows a warning sign is not sufficient to prevent risk and explain what happened

Answer 19

English Heritage v Taylor (2016)
Facts: The deceased was visiting an English Heritage site; he was walking along a grass slope when he fell off the slope and into a dry moat causing serious injuries. There was no warning sign of the 12ft drop down to the moat.

Outcome: The sheer drop was an obvious danger and the defendant should have taken reasonable steps to protect visitors to the premises. English Heritage were in breach of their duty by failing to provide an adequate warning sign.

Question 20

What are the rules around liability where tradesmen and contractors are concerned

Answer 20

A tradesmen has a contract to work in a premises which must be done with protection and safeguarding from the contractor. If an injury takes place in the premises with no relation to work, the occupier is liable because the danger was not presented or foreseen. Whereas if it is in relatio to the trade of work, then the occupier is not liable

Question 21

What does the Jolley v Sutton Case show

Question 22

Explain the duty owed to a lawful visitor

Answer 22

When under protection of a contractual visit by the occupier, they must take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe when using the premises for the purposes for which they are invited or permitted by the occupier to be there

Question 23

When can the duty of a occupier be breached by a visitor

Question 24

Define Trespasser

Answer 24

Someone that enters a prohibited area under no contractual visit, or legal acceptance to be there