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Law paper 2 > Occupiers Liability > Flashcards

Occupiers Liability Flashcards

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1
Q

General definition

A

legal responsibility of an occupier for damage caused by the state of the premises

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2
Q

2 main statutes and who they apply to

A

Occupiers Liability Act 1957 - lawful visitors
Occupiers Liability Act 1984 - unlawful visitors

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3
Q

3 common elements

A

Occupier
Premises
Lawful visitor

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4
Q

What is an occupier + case

A

Anyone with enough control over the premises (Wheat v Lacon)

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5
Q

Define premises + statute

A

Land and buildings, any fixed or movable structure, including vehicles, vessels and aircraft (S1(3)(a) of 57 Act)

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6
Q

Who is a lawful visitor?

A

Invitees
Licences
Contractual permission
Statutory right of entry

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7
Q

Using public rights of way

A

Do NOT make you a lawful visitor

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8
Q

Who is a trespasser?

A

No permission or permission exceeded

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9
Q

57 - when is duty owed

A

S2(1) - occupier has duty of care to visitors

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10
Q

57 - what is duty owed

A

S2(2) - to keep them reasonably safe in using premises

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11
Q

57- Case for what duty is owed

A

Laverton v Kiapasha Takeaway Supreme

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12
Q

57- Occupier doesn’t have to guard against everyday occurrences

A

Dean and Rochester Cathedral v Debell

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13
Q

57- Risk factors

A

size of risk - miller v jackson
seriousness - paris v stepney
precaution - latimer
benefits - watt v hcc

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14
Q

57- occupier must prepare for children to be less careful than adults & premises must be reasonably safe for a child of that age

A

S2(3)(a)

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15
Q

57- Foreseeable that damage may occur

A

Jolley v Sutton

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16
Q

57- must guard against alluring things

A

Glasgow Corp v Taylor

17
Q

57- Particularly young children - parents responsibility

A

Phipps v Rochester Corp

18
Q

57- Person carrying out trade should appreciate and guard against any risks incident to it

A

S2(3)(b)

19
Q

57 - Guard against risks case

A

Roles v Nathan

20
Q

General defences under 57

A

volenti
contributory negligence

21
Q

57- specific defences

A

Exclusion clauses
Warnings
Work by independent contractors

22
Q

57- Exclusion clauses

A

S2(1) OLA - exclude liability via sign/ticket/term in contract

23
Q

57- exclusion clause difficulties

A

1- child must be able to understand exclusion
2- s65 Consumer rights act 2015 says traders/business can’t exclude liability for personal injury/death to consumers

24
Q

57- warnings

A

S2(4)(a) - warning that in all circumstances would enable visitor to be reasonably safe

25
Q

57- warnings case

A

Rae v Mars

26
Q

57- Work done by independent contractors

A

S2(4)(b) - occupier NOT at fault if:
-reasonable to hire them
-ensured they are competent
-checked work

27
Q

57- reasonable to hire contractor case

A

Haseldine v Daw

28
Q

57- ensured they were competent case

A

Bottomley v Todmorden Cricket Club

29
Q

57- case for checking work was done properly

A

Woodward v Mayor of Hastings

30
Q

Remedies for 57

A

Damages for
-death/personal injury
-property damage

31
Q

84- when is duty owed?

A

S1(3)
-aware of danger
-knows person is in vicinity of danger/will be
-may be expected to offer protection

32
Q

84- occupier is aware of danger (S1(3)(a) )

A

Rhind v Astbury Water Park

33
Q

84- knows someone will be in vicinity of danger (S1(3)(b))

A

Higgs v Foster

34
Q

84- occupier expected to offer protection (S1(3)(c))

A

Tomlinson v Congleton Borough Council

35
Q

84- what is the duty

A

S1(4) - to take care as is reasonable in circumstances to see the trespasser isn’t injured

36
Q

84 - child trespassers

A

same rules apply as adults
Keown v Coventry Heathcare

37
Q

84- defences

A

volenti
contributory negligence
warning

38
Q

84- warning

A

s1(5) - D shows has taken reasonable steps to give warning of danger or discourage tresspassers
Westwood v Post office

39
Q

84- remedies

A

s1(8) - damages for death or personal injury
NOT property damage

Law paper 2 (4 decks)

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