Occupiers Liability Flashcards
1
Q
Occupiers liability
A
C is injured on Ds land
2
Q
Visitors
A
Occupiers liability act 1957
3
Q
Trespassers
A
Occupiers liability act 1984
4
Q
Visitors
A
“Someone who is invited to be one the land”
S2(1) occupier owes a “common duty of care”
5
Q
Lord Denning
A
“Sufficient control test”
“Whatever a person had a sufficient degree of control over the premises”
6
Q
Premises
A
S.1 (3) (a) OLA 1957
“Fixed or moveable structure including any vessel, vehicle and aircraft”
7
Q
Common duty of care
A
Take reasonable care to ensure that visitor is safe in using the premises for the purposes for which he was invited or permitted to be there”
(Darby v National trust)
8
Q
Occupier must act reasonably
A
“Have they done or not done what a reasonable person would have or not done”
