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Law paper 2 civil law > occupiers liability > Flashcards

occupiers liability Flashcards

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1
Q

occupiers liability act 1957

A

lawful visitors

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2
Q

occupiers liability act 1984

A

trespassers

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3
Q

what is stage 1

A

who is an occupier

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4
Q

who is an occupier

A

someone with a sufficient degree of control

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5
Q

case for who is an occupier

A

Wheat v lacon

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6
Q

stage 2

A

who is a visitor

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7
Q

who is a visitor

A

someone with:
- express or implied permission
- legal rights of entry
- permission due to contract

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8
Q

case for who is a visitor

A

Lowery v walker

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9
Q

what was established in the calgarth

A

visitors who exceed their permission under OLA 1957 become trespassers and will be dealt with under OLA 1984

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10
Q

stage 3

A

what are premises

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11
Q

what are premises defined as under s.1(3)(a)

A

any land, any building, any fixed/moveable structure including any vessels, vehicles and aircrafts

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12
Q

case for lift

A

Haseldine v daw

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13
Q

case for ladder

A

Wheeler v copas

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14
Q

what does it mean by state of premises

A

under S.1(1) is in respect of damage caused by the state of the premises and the land/building must have an underlying problem with them

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15
Q

case for state of premises

A

Ogwo v Taylor

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16
Q

what is the duty of care under S.2(2)

A

occupier must take reasonable care to see that visitors will be reasonably safe using the premises for the purpose of their visit

17
Q

Tedstone v Bourne Leisure

A

the duty is to keep the visitor safe, not the premises

18
Q

what was established under s.2(3)(a) OLA

A

an occupier must be prepared for children to be less careful than adults

19
Q

case example for children

A
  • Jolly v sutton
  • Glasgow co. v Taylor
  • Moloney v LBC
20
Q

what was established under s.2(3)(b)

A

that professionals/experts should ‘guard and appreciate against any special risks ‘ordinarily incident’ to their job

21
Q

case example for experts

A

Roles v Nathan

22
Q

what are the two ways an occupier may discharge their duty

A
  • warnings s.2(4)(a)
  • faulty execution of work by an independent contractor engaged by the occupier under s.2(4)(b)
23
Q

what is the requirements for warnings s.2(4)(a)

A
  • must cover the danger that in fact arises
  • there is no duty to warn against obvious risks
24
Q

case examples for warnings

A
  • Rae v Mars
  • Cotton v derbyshire dales
25
Q

how many conditions are there to satisfy faulty work of an independent contractor under s.2(4)(b)

A

three conditions

26
Q

condition one for faulty work of an independent contractor + case

A

has the occupier acted reasonably in entrusting the work to an independent contractor
- Haseldine v daw

27
Q

condition two for faulty work of an independent contractor + case

A

did the occupier take any steps in order to satisfy himself that the independent contractor was competent
- Bottomley v TCC

28
Q

condition three for faulty work of an independent contractor + case

A

occupier was sure that the work was actually done
- Woodward v Mayor of Hastings

29
Q

what sections must be satisfied for a duty to arise for trespassers

A

S.1(3)(a) - (c)

30
Q

what is S.1(3)(a) for duty for trespassers + case

A

the occupier is aware of the danger or has reasonable grounds to believe it exists
- Rhind v AWP

31
Q

what is S.1(3)(b) for duty for trespassers + case

A

the occupier knows or has reasonable grounds to believe that the other (trespasser) is in the vicinity of the danger
- Swain v NRP
- Scott v ABP

32
Q

what is S.1(3)(c) for duty for trespassers + case

A

the risk is one against which, in all the circumstances of the case, they may be reasonably expected to offer the other some protection
- Tomilson v Congleton BC

33
Q

what may be some of the circumstances of the case in S.1(3)(c) to consider

A
  • the purpose of the entry
  • the age and capabilities of the trespasser
  • financial resources of the trespasser
  • the nature of the premises and what precautions were practical
34
Q

what is the duty for trespassers under s.1(4)

A

’ the duty is to take such care as is reasonable in all the circumstances of the case to see that he does not suffer injury on the premises by reason of the danger concerned’

Law paper 2 civil law (9 decks)

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