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Law Paper 2- Tort > Occupiers Liability > Flashcards

Occupiers Liability Flashcards

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1
Q

What is a premises and the section number? (both)

A

A fixed or moveable structure including aircraft’s vehicles and vessels
S.1(3)(a)

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2
Q

What is a lawful visitor? (1957)

A

They are allowed on the land through:
Invitee
Licensee
Contract
Statute

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3
Q

What is an invitee?

A

Someone invited onto the premises and has permission to be there

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4
Q

What is a licensee?

A

They are on the land for a particular reason (doing a job)

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5
Q

What is contractual permission?

A

A ticket for an event

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6
Q

What is permission through statute?

A

Police with a warrant

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7
Q

What does the case of Laverton v Kiapasha takeaway supreme say?

A

That the occupier doesn’t have to keep the lawful visitor completely safe as it is an impossible and unreasonable expectation

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8
Q

What does the case of Dean v Rochester Cathedral say?

A

They just protect from a real source of danger as slipping tripping and falling are part of everyday life

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9
Q

What does S.2(1) of the 1957 act say?

A

The occupier owes the lawful visitor a duty of care

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10
Q

What does S.2(2) of the 1957 act say?

A

The lawful visitor must be kept reasonably safe for the purpose of their visit

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11
Q

What is the rule for children? (1957)

A

They are owed a higher standard of care as they are less careful and more likely to take risks than adults

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12
Q

What standard must children be owed a duty of care to?

A

To the standard of a child of that age

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13
Q

What must children be protected against?

A

Allurements
Parental supervision
Injury must be foreseeable

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14
Q

What is the section for children in the 1957 act?

A

S.2(3)

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15
Q

What’s an allurement and case?

A

Something that entices the child
Glasgow- poisoned berries

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16
Q

Case for parental supervision

A

Phipps- must have parental supervision when a lawful visitor

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17
Q

Case for injury must be foreseeable

A

Jolley- the kind of play and injury was not foreseeable

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18
Q

What is the definition of an occupier?

A

The owner or tenant of the land (no statutory definition)

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19
Q

What does the case of Wheat v E.Lacon say about occupiers?

A

There can be multiple occupiers of a premises

20
Q

What does the case of Harris v Birkenhead say about occupiers?

A

The occupier is the person in control
Can be known through insurance

21
Q

What is the rule for an independent contractor?

A

Occupiers may not be liable if the lawful visitor is injured by the negligent work of the independent contractor

22
Q

What are the 3 things that the occupier has to check about the independent contractor for them to not be liable?

A

It was reasonable to give them work
They are competent
The occupier checked the work was done properly

23
Q

What does it mean that it must be reasonable to give them work and the case?

A

Was it necessary to hire a specialist for the work being done?
Haseldine v Dawson

24
Q

What is the case for the work being competent?

A

Bottomly v Todmorden cricket club

25
Q

What ways can an occupier see if the independent contractor is competent?

A

Qualifications, social media, word of mouth

26
Q

What is the case for checking if the work is properly done?

A

Woodhard v mayor of Hastings

27
Q

What is the section number for independent contractors?

A

S.2(4)

28
Q

What is the rule for traders?

A

The occupier won’t be liable if injuried by something related to their trade as they are expected to know about it

29
Q

What is the section number for traders?

A

S.2(3)(b)

30
Q

What do occupiers owe traders?

A

A common duty of care to keep them reasonably safe

31
Q

What is the case for traders?

A

Roles v Nathan

32
Q

What is the scope of duty and the section for the 1984 act?

A

A duty of care is owed to trespassers for personal injury
S.1(1)(a)

33
Q

What are the 3 ways a person becomes a trespasser?

A

Had no permission
Has gone beyond permission
Exceeded their permission

34
Q

What is the rule for children? (1984)

A

Adults and children are treated the same

35
Q

What are the 3 reasons the occupier will owe a duty of care to a trespasser and sections?

A

S.1(3)(a)- O is aware of danger and has reasonable ground to believe it exists
S.1(3)(b)- reasonable grounds to believe there is a trespasser in the vicinity
S.1(3)(c)- danger is one that O can provide reasonable protection against

36
Q

What does S.1(4) of the 1984 act say?

A

The care taken must be reasonable

37
Q

What are the 5 sub-sections for the occupier not being liable? (1984)

A

Obvious danger
Time of day or year
Warning signs ignored
No reason to suspect trespasser
Not aware of danger

38
Q

What is the case and held for obvious danger?

A

Ratcliffe v McConell- occupier not required to warn of obvious danger

39
Q

What is the case and held for time of day or year?

A

Donoghue v Folkestone properties- no DOC as they weren’t expected to do that action due to the time of day or year

40
Q

What is the rule, case and held for warning signs being ignored?

A

Lots of money doesn’t have to be spent for the occupier to avoid liability
Tomlinson v Congleton BC- not BOD as not reasonable to spend lots of money to prevent people from obvious danger

41
Q

What is the case and held for no reason to suspect trespasser?

A

Higgs v Foster- Not liable as couldn’t have anticipated police officers presence on property

42
Q

What is the case and held for the occupier being unaware of the dangerr?

A

Rhind v Astbury Water Park- no DOC owed as occupier didn’t know about dangerous object

43
Q

What is the case and held for the rules being the same for both adults and children?

A

Keown v Coventry Healthcare NHS trust- hospital not liable as boy was aware of danger

44
Q

What are the 3 defences available for the 1984 act?

A

Contributory negligence
Volenti (negligence)
Warning notices

45
Q

What is the AO2 structure for the 1957 act?

A

Occupier?
Premises?
C lawful visitor?
Nature of visitor?
O act reasonably and keep the visitor reasonably safe for the purpose of their visit?
Defences?
Conclude

46
Q

What is the AO2 structure for the 1984 act?

A

C trespasser? Why?
D owe duty?- apply all of S.3
Aware of danger?
Believe someone in vicinity?
Offered protection against the risk?
O act reasonably?
Defences?
Conclude

Law Paper 2- Tort (5 decks)

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