Occupiers' Liability

Question 1

What Act applies to lawful visitors?

Answer 1

OLA 57

Question 2

What Act applies to unlawful visitors?

Answer 2

OLA 84

Question 3

What is the basic structure of an introduction to an OLA answer?

Answer 3

Define and Identify -
Occupier
Premises
Type of visitor
What OLA applies

Question 4

Definition of occupier

Answer 4

Someone who has sufficient control of the premises

Question 5

Wheat v Lacon applies to what?

Answer 5

Definition of occupier

Question 6

What is the definition of premises?

Answer 6

Any fixed or moveable structure

Question 7

s.1(3)(a) applies to what?

Answer 7

Definition of premises

Question 8

s.2(1) OLA 57 states what?

Answer 8

All lawful visitors are owed a duty of care

Question 9

s.2(2) OLA 57 applies to what?

Answer 9

Occupiers have a duty to ensure that the visitor is reasonably safe for the purpose which he is invited to be on the premises

Question 10

What are the three standard of care owed to lawful visitors?

Answer 10

Adult - general standard
Child - higher standard
Skilled visitor - lower standard

Question 11

What are the two types of permission for lawful visitors?

Answer 11

Express and implied permission

Question 12

What are the three types of implied permission

Answer 12

Repeated visits
Doctrine of allurement
Statutory authority

Question 13

What is the case/section for Adult visitors?

Answer 13

s.2(2)/Cunningham v Reading FC

Question 14

What is the case/section for Child visitors?

Answer 14

s.2(3)(a)/Glasgow Corp v Taylor

Question 15

What is the case/section for Skilled Visitors?

Answer 15

s.2(3)(b)/Roles v Nathan

Question 16

What is expected of a skilled visitor?

Answer 16

That they guard themselves against the risk incidental to their profession

Question 17

What type of damages can a lawful visitor claim for?

Answer 17

Personal injury and property damage

Question 18

s.1(3)(b) OLA 57 states what?

Answer 18

C can claim for personal injury and property damage

Question 19

What is the definition of a trespasser?

Answer 19

A person who enters premises without invitation or exceeds the limits of their invitation

Question 20

s.1(1)(a) OLA 84 states what?

Answer 20

Trespassers are owed a duty of care

Question 21

Geary v Weatherspoon states what?

Answer 21

Trespasser exceeds the limits of their invitation

Question 22

What are the two duty of care tests for unlawful visitors

Answer 22

Dangerous state of premises and the provisions of s.1(3) of the 84 Act

Question 23

s.1(1) OLA 84 applies to what?

Answer 23

Dangerous state of the premises

Question 24

s.1(3) OLA 84 tests

Answer 24

1. D knew of danger
2. D knew C was in vicinity of danger
3. The danger was one D would reasonably be expected to provide protection against

Question 25

Tomlinson v Congleton BC states what?

Answer 25

The danger was one D would reasonably be expected to provide protection against

Question 26

6. S.1 (4) OLA 1984 states what?

Answer 26

The duty owed by an occupier to a trespasser is “to take such care as is reasonable in all the circumstances to see that the trespasser does not suffer injury on the premises because of the danger.”

Question 27

s.1 (8) OLA 1984 states what?

Answer 27

Trespassers can only claim for personal injury and NOT property damage

Question 28

What type of damages can trespassers claim for?

Answer 28

Persona injury only

Question 29

What are the three defences to an OLA claim?

Answer 29

Warnings
Consent
Contributory negligence

Question 30

s.2(4)(a) states what?

Answer 30

The warning must be ‘sufficient’

Question 31

Authority of contributory negligence

Answer 31

Law Reform (Contributory Negligence) Act 1945

Question 32

From v Butcher applies to what defence?

Answer 32

Contributory negligence

Question 33

Simms v Leigh Rugby applies to what defence?

Answer 33

Consent

Question 34

s.1 (5) OLA 84 applies to what defence?

Answer 34

Warnings - Occupiers simply have to warn why they should not enter the premises