Occupiers' Liability^

Question 1

The Occupiers Liability Act 1957

Answer 1

for lawful visitors

Question 2

Occupier

Answer 2

no statutory definition
who is in control of the premises
if no one is control, then there is no one to claim against

Question 3

Wheat V E Lacon

Answer 3

can be more than one occupier of a premises

Question 4

Bailey V Armes

Answer 4

no occupier
can only be liable if they have control over the premises

Question 5

Premises

Answer 5

section 1 (3) (a) of the Occupier Liability Act 1957
a fixed or movable structure
including any vessels, vehicle and aircraft
lifts, ladder can be premises in some cases

Question 6

A Lawful Visitor

Answer 6

a person who has expressed or implied permission to be there
can exceed their permission and become a trespasser

Question 7

The Calgarth

Answer 7

a person who is invited to use the staircase is not permitted to slide down the bannister
legal visitor turn trespasser
Trival deviations may not change a person status

Question 8

Duty Owed Under The Occupier’s Liability Act 1957

Answer 8

legal visitor
take such care that is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which they are invited

Question 9

Laverton & Takeway

Answer 9

care need to be reasonable and not complete

Question 10

Glasgow V Taylor

Answer 10

children are owed a higher level of care because they are less careful than adults

Question 11

Phipps V Rochester

Answer 11

young children should be supervised

Question 12

Roles V Nathan

Answer 12

a worker will guard any special risks so long as the occupier allows him to do so
only works if the risk is related to their job

Question 13

Independent Contractor

Answer 13

an occupier may be able to avoid liability for the work done by an independent so long as:
it was reasonable for the occupier to give the work to the independent contractor
the contractor is competent to carry out that task
the occupier has checked that the work has been properly done

Question 14

Hazeldine V Dew

Answer 14

if a competent independent contractor is used then the occupier can avoid liability

Question 15

Bottomley V Cricket Club

Answer 15

amateurs with no experience
occupier liable as their contractor was not competent

Question 16

Woodward V Mayor of Hastings

Answer 16

occupier must check the work done by the contractor

Question 17

Volenti

Answer 17

trespasser and legal visitor
complete defence
claimant consented to the risk
- knows precise risk
- exercise free choice
- voluntarily accepted the risk

Question 18

Smith V Baker & Sons

Answer 18

knew there was a risk but didnt consent to it

Question 19

Contributory Negligence

Answer 19

trespasser and legal visitor
partial defence - reduced compensation
claimant is partly responsible for damage

Question 20

Sayers V Urban District Council

Answer 20

example of contributory negligence
claimant is partly responsible for damage

Question 21

The Law Reform Act 1945

Answer 21

damages will be reduced according to the amount the claimant contributes

Question 22

Exclusion Clauses

Answer 22

only for legal visitor
occupier tried to exclude liability with a clause of a contract

Question 23

Consumers Rights Act For Exclusion Clauses

Answer 23

limits the effects of EC
can’t excluded liability for death or personal injury

Question 24

Warning Notices

Answer 24

legal visitor and trespasser
complete defence if:
- the occupier knows their is a risk and warns against it
only a complete defence is enough if the warning notice is enough to keep them reasonably safe

Question 25

Staples V District Council

Answer 25

don’t need to warn against obvious risk

Question 26

The Occupiers Liability Act 1984

Answer 26

trespasser
person who has no permission

Question 27

Tomlinson V Congleton OR Borough Council

Answer 27

a lawfull visitor who has gone beyond their permission
OR
danger was due to the trespasser actions not due to the state of the premises

Question 28

Duty Owed

Answer 28

can only claim compensation for personal injury not property damage

Question 29

Elements of Breaching Duty

Answer 29

occupier is aware of the danger or has reasonable ground to believe it exists
they know or have reasonable grounds to believe the other person is in the vicinity of the danger
may be expected to protect the other person against the risk

Question 30

Keown V NHS Trust

Answer 30

child trespasser are owed the same standard of care as adult trespassers
OR
the occupier only needs to protect for danger that arises from their premises

Question 31

Rhind V Water Park

Answer 31

the occupier does not have a duty to check for hidden dangers against trespasser