Occupiers liability

Question 1

What does the Occupiers’ Liability Act 1957 govern?

Answer 1

duty owed by occupiers to visitors

Question 2

What does the duty owed to visitors relate to?

Answer 2

State of premises

Question 3

What loss is recoverable under the OLA 1957?

Answer 3

personal injury and property damage

Question 4

What are the elements of the duty of care under OLA 1957?

Answer 4

• occupier
• premises
• visitor
  = automatic duty

Question 5

What is an occupier for the purposes of OLA 1957 and how does this relate to specific examples?

Answer 5

sufficient degree of control over premises
o Landlord doesn’t live at property = tenant
o Landlord retains parts = occupier of those parts
o Landlord issues licence = landlord
o Occupier employs independent contractor = still occupier

Question 6

What is a visitor for the purposes of OLA 1957?

Answer 6

persons lawfully on property

Question 7

What can permission be for visitors under OLA 1957?

Answer 7

express or implied

Question 8

Are rights of way covered by the OLA?

Answer 8

Public right of way: Not covered by OLA 1957/1984
Private right of way: Not covered by OLA 1957 (are covered by OLA 1984)

Question 9

What is the standard of care under OLA 1957?

Answer 9

take reasonable care that visitor will be reasonably safe for purpose which they are permitted to be there (objective)

Question 10

When may warnings be able to discharge the duty of care under OLA 1957?

Answer 10

• enough to enable visitor to be reasonably safe
• What danger is, where it is and how to avoid it

Question 11

What are the requirements for an occupier to escape liability under OLA 1957 where the danger was caused by an independent contractor?

Answer 11

a) Reasonably hired independent contractor
b) Reasonably selected independent contractor
c) Occupier reasonably supervised and checked work

Question 12

How do the courts approach causation and remoteness for occupiers liability under OLA 1957?

Answer 12

assumed satisfied unless glaring issues

Question 13

What are the defences to OLA 1957?

Answer 13

Consent
Contributory negligence
Illegality

Question 14

What are the requirements for the defence of consent to occupiers liability under OLA 1957?

Answer 14

fully aware of particular risk and through conduct, willingly accept risk

Question 15

What are the elements of the duty of care under OLA 1984?

Answer 15

• occupier
• premises
• trespasser/non-visitor
  +
  a) Aware of danger
  b) Knowledge that other is in vicinity at time of accident
  c) Reasonable to protect trespasser against risk

Question 16

What is a trespasser/non-visitor under the OLA 1984?

Answer 16

without invitation and presence unknown or practically objected to

Question 17

What is the standard of care under OLA 1984?

Answer 17

Reasonable occupier

Question 18

Other than the normal negligence breach factors, what would be considered for breach under OLA 1984?

Answer 18

• Nature of danger
• C is child/adult
• Nature of premises
• Purpose of C
• Whether occupier should have foreseen trespassing and preventative measures

Question 19

When may warnings discharge the duty under OLA 1984?

Answer 19

reasonable steps to give warning of danger concerned or to discourage persons from incurring the risk

Question 20

What are the defences to occupiers liability under OLA 1984?

Answer 20

Consent
Contributory negligence
Illegality

Question 21

What does s2(1) OLA 1957 allow?

Answer 21

occupiers to extend/restrict/modify/exclude duty to visitors

Question 22

What is the restriction on exclusion/limiting clauses for liability in s3 OLA 1957?

Answer 22

where occupier bound by contract to allow third parties to enter premises, cannot restrict duty of care to the strangers

Question 23

What is the restriction on exclusion/limiting clauses for liability in the Unfair Contract Terms Act 1977?

Answer 23

for business to business
a. Cannot restrict liability for death/personal injury due to negligence
b. For other loss, can restrict liability for negligence if reasonable

Question 24

What is the restriction on exclusion/limiting clauses for liability in the Consumer Rights Act 2015?

Answer 24

where D is acting as a trader and C consumer
a. Cannot restrict liability for death/personal injury due to negligence
b. For other loss, can restrict liability for negligence if term is fair
c. Unfair = significant imbalance in parties’ rights/obligations

Question 25

What is the restriction on exclusion/limiting clauses for liability in common law?

Answer 25

judge restriction against principle of common humanity

Question 26

What does the OLA 1984 say about exclusion/limitating liability?

Answer 26

Nothing