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LAW > occupiers liability > Flashcards

occupiers liability Flashcards

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1
Q

what are the two occupiers liability statutes

A

occupiers liability act 1957
occupiers liability act 1984

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2
Q

what ola protects lawful visitors

A

ola 1957

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3
Q

what ola protects unlawful visitors

A

ola 1984

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4
Q

what is an occupier

A

the person in control, may not be an owner

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5
Q

what statute states common law applies when establishing occupiers

A

ola 1957

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6
Q

what case shows an occupier doesn’t have to be an owner

A

wheat v e.lacon and co

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7
Q

what is the definition of premises

A

not only land or buildings included but also ‘fixed and moveable structures’

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8
Q

how does a person become a lawful visitor

A

if they are:
invited
have a licence
have a contractural duty
have a statutory duty

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9
Q

what does permission have to be

A

express or implied

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10
Q

what case shows permission may be implied

A

lowery v walker

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11
Q

what is the duty owed to adults for ola 1957

A

the visitor must be reasonably safe in using the premise for the intended purpose

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12
Q

what case shows occupiers are not liable for daily occurrences

A

laverton v kiapasha takeaway supreme

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13
Q

what is the standard of care occupiers owe to children

A

must be prepared for children to be left careful than adults

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14
Q

what case shows occupiers must be prepared for children to be less careful

A

glasgow corporation v taylor

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15
Q

what is the standard of care occupiers owe to workers

A

may expect a person will appreciate and guard against any special risks

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16
Q

what case shows the trade can be expected to take measures to avoid associated risks

A

roles v nathan

17
Q

what are the three requirements in order to pass a claim to a contractor

A
  1. reasonable steps have been taken to
  2. contractor must be competent
  3. work done must be checked by a conveyer
18
Q

what case shows the occupier must take reasonable steps when hiring a contractor

A

haseldine v daw and son ltd

19
Q

what case shows the contractor must be competent in order to pass the claim

A

bottomley v todmorden cricket club

20
Q

what case shows a contractors work must have been checked by a hired conveyor to pass the claim

A

woodward v mayor of hastings

21
Q

what is a trespasser

A

someone who has no permission to be on the premises or has gone beyond permissions given

22
Q

what case showed going beyond permissions can be considered trespassing

A

tomlinson v congleton borough council

23
Q

what can people claim for under ola 1984

A

injury

24
Q

what can people claim for under ola 1957

A

injury and property damage

25
Q

what case shows occupiers owe common humanity to trespassers

A

british railway board v herrington

26
Q

when is a duty owed

A

if owner is aware of the danger or has grounds to believe it exists
owner has reasonable grounds to believe the other may be in the vicinity of danger
the risk is one against which the owner is expected to protect against

27
Q

what case shows when a duty is owed

A

swain v natui rumi puri

28
Q

what is a danger

A

the object or part of land where he trespasser is injured

29
Q

what is the standard of care for dangers

A

the greater the risk the more precautions

30
Q

when is it not a breach of duty owed to trespassers

A

due to action not premise
if the danger is obvious
if not aware of danger
if no reason to suspect trespasser

31
Q

what case shows when injury is due to the actions it is not a breach of duty

A

tomlinson v congleton borough council

32
Q

what case shows when danger is obvious it is not a breach of duty

A

ratcliff v mcconnell

33
Q

what case shows when occupier isn’t aware of the danger it is not a breach of duty

A

rhind v astbury water park

34
Q

what case shows when there is no reason to suspect a trespasser it is not a breach of duty

A

higgs v foster

35
Q

what does the law state about a duty of care owed to trespassers

A

where warnings are displayed, it depends on the understanding of the child

36
Q

what case shows if the child understands the warning but acts anyway, it is not a breach of duty

A

baldaccino v west wittering

37
Q

baldacinno v west wittering

A

if the child understands the warning but acts anyway, it is not a breach of duty

38
Q

what do warnings do

A

discharges duty

LAW (14 decks)

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