Occupiers liability

Question 1

Definition

Answer 1

Liability created due to damage incurred as a result of the state of premises.

Question 1

What are the two statutes

Answer 1

OLA 1957 and 1984

Question 2

What is the difference between the two statues

Answer 2

OLA 1957 includes trespassers

Question 3

Occupier

Answer 3

Not defined in statue, means someone in control of the premises.

Question 4

Wheat

Answer 4

More than one occupier

Question 5

Harris

Answer 5

Don’t have to physically be in the property.

Question 6

Premises

Answer 6

No definition, very broad
Includes any fixed or moveable structure.

Question 7

Lawful visitor

Answer 7

Once a visitor exceeds permission can not use 1957.

Question 8

OLA 1957 duty of care

Answer 8

occupier owes a duty of care to lawful visitors.

Question 9

OLA 1957 Reasonably safe

Answer 9

Occupier has to do what is reasonable to keep a lawful visitor safe, dosen’t have to be completley safe.

Question 10

Reasonably safe case

Answer 10

Debell

Question 11

Warning signs

Answer 11

Occupier can prevent breach if warning does enough in the circumstances

Question 12

Rae

Answer 12

Where danger is extreme or unusual, not enough for there to be a warning may need barrier or additional notice.

Question 13

Glasgow

Answer 13

berries amounted to allurement to young children.

Question 14

Phipps

Answer 14

Expected that parents wouldn’t allow children to go places which were unsafe.

Question 15

Jolley

Answer 15

Occupier has a role to keep others safe and the danger was forseeable.

Question 16

Duty towards tradesmen 1

Answer 16

Occupiers not liable when workers do not guard risks they should or are expected to know about.

Question 17

Duty towards tradesmen 1 case

Answer 17

Roles

Question 18

Duty towards tradesmen 2

Answer 18

It was reasonable to give the work to a specialist

Question 19

Duty towards tradesmen 2 case

Answer 19

Hazeldine

Question 20

Duty towards tradesmen 3

Answer 20

Contractor hired competent to carry out the task.

Question 21

Duty towards tradesmen 3 case

Answer 21

Bottomley

Question 22

Duty towards tradesmen 4

Answer 22

The occupier checks the work has been properly done.

Question 23

Duty towards tradesmen 4 case

Answer 23

Woodward

Question 24

what defences can be used for OLA 1957

Answer 24

Volenti
Contributory negligence
Warning signs

Question 25

OLA 1984 point of law

Answer 25

introduced idea that a duty is owed to trespasser

Question 26

What was the Adies’s case point of law?

Answer 26

Held that social and physical conditions changed now occupiers should owe a duty of care

Question 27

What needs to be proved OLA 1984

Answer 27

Occupier aware of danger
Occupier knows danger exists
Occupier may be expected to offer protection

Question 28

Standard of care expected OLA 1984

Answer 28

If they are aware of the danger, occupier owes a duty of care

Question 29

British rail board

Answer 29

duty of care existed between railway line and trespasser

Question 30

Restrictions

Answer 30

Occupier will not be liable if injured by obvious danger
Courts will take into consideration time of day and year
Occupier does not have to spend lots of money making premises safe
Occupier not liable if hes not aware of danger

Question 31

Occupier will not be liable if injured by obvious danger case

Answer 31

Ratcliff

Question 32

Courts will take into consideration time of day and year case

Answer 32

Donoghue

Question 33

Occupier does not have to spend lots of money making premises safe

Answer 33

Tomlinson

Question 34

Occupier not liable if hes not aware of danger

Answer 34

Rhind

Question 35

Whats the duty owed to child trespassers

Answer 35

same rules and judges approach apply to child visitors as adult visitors

Question 36

duty owed to child trespassers case

Answer 36

Keown