Occupiers' Liability Flashcards

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1
Q

Injuries whilst on someone’s property due to the state of what are governed by the Occupiers’ Liability Act 1957 and 1984?

A

state of the premises

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2
Q

What does the OLA 1957 govern liability for injuries to?

A

Visitors

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3
Q

What does the OLA 1984 govern liability for injuries to?

A

Non-visitors (usually trespassers)

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4
Q

What is the duty of care owed to visitors under the OLA 1957?

A

A common duty of care to see the visitor will be reasonably safe using the premises for the purposes for which the visitor was invited/permitted to be there

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5
Q

Under OLA 1957, the duty of care extends to the ______ of the visitor and their ________

A

person, property

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6
Q

Under OLA 1957, occupiers should be prepared for _______ who are less careful than _______, and so may be required to take more care with respect of them

A

children, adults

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7
Q

Under OLA 1957, a visitor who enters the premises on their own calling is expected to appreciate and guard against any _______ _____

A

special risks

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8
Q

Are warnings generally enough to meet the duty of care owed under the 1957 Act?

A

No

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9
Q

Under OLA 1957, an occupier will meet their duty of care if they took _______ _____ in entrusting the work of an _________ ________ and were reasonably satisfied they were competent and did the work properly

A

reasonable care, independent contractor

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10
Q

What are two ways in which an occupier can exclude their duty of care owed to visitors?

A
  1. Contract
  2. Notice
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11
Q

The wording of an exclusion of duty of care owed to visitors must be _____ and brought to the visitor’s attention _____ the contract is made or the risk is _________

A

clear, before, encountered

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12
Q

Under the 1984 Act, when is a duty of care owed to trespassers? (3 requirements)

A
  1. O is aware or ought to be aware of the danger
  2. O is aware or ought to be aware that T may come into the vicinity of danger; and
  3. The danger is one which in all circumstances, would be reasonable for O to offer protection
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13
Q

What is the duty of care owed to trespassers under the 1984 Act?

A

To take such care as is reasonable in all the circumstances to see that the danger due to the state of the premises does not cause death or personal injury

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14
Q

Does the duty under the 1984 Act extend to T’s property?

A

No

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15
Q

Are warnings of danger generally sufficient to discharge a duty of care under the 1984 Act?

A

Yes

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16
Q

Under the Defective Premises Act 1972, who is obliged/permitted to carry out repairs to the premises and has a duty of care in respect of defects?

A

landlord

17
Q

DPA 1972:
- Duty covers defects within the scope of Landlord’s ____ _________ or rights which they knew/ought to know about
- Owed to anyone who might ________ __ ______ to be affected by defect (including the tenant but also third parties)
- Duty is take reasonable ____ in all circumstances that those people are reasonably ___ from injury/damage to property

A

repair obligations, reasonably be expected, care, safe