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Law > Occupiers Liability > Flashcards

Occupiers Liability Flashcards

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1
Q

What act defines what an occupant is?

A

S.1 (2) occupiers liability act 1957

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2
Q

Which case shows that more than one person can be an occupier

A

Wheat - man in pub stairs

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3
Q

What act defines what a premises is?

A

S.1 (3) occupiers liability act 1957

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4
Q

What case outlines how a visitor can become a trespasser?

A

Carlgarth - ‘you invite a person into your house to use the staircase, you do not invite them to slide down the banisters’

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5
Q

What act states that all visitors are owed the same duty?

A

S.2 occupiers liability act 1957

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6
Q

Which cases apply to adult visitors?

A

Laverton - takeaway shop not liable
Dean and Chapter - lump of concrete outside cathedral not liable

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7
Q

Which act applies to child visitors?

A

S.2 (3) (a) occupiers liability act 1957

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8
Q

Which child visitor cases found the defendant liable?

A

Moloney - gap in railings
Glasgow corporation - poisonous berries
Jolley - boat - expect the unexpected

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9
Q

Which child visitor case found the defendant not liable?

A

Phipps - parents need to look after young children

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10
Q

Which act applies to trades people?

A

S.2 (3) (b) occupiers liability act 1957

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11
Q

Which case applies to trades people?

A

Roles - professional visitors should have e greater awareness of risks
Not liable

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12
Q

Which act applies to independent contractors?

A

S.2 (4) (b) occupiers liability act 1957 - reasonable to entrust contractor, contractor was competent, if possible, work was tested.

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13
Q

Which case applies to whether it was reasonable to entrust a contractor?

A

Haseldine - lift plunged - contractor liable

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14
Q

Which case applies to whether to contractor was competent?

A

Bottomley - stunt team
Cricket club was liable

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15
Q

Which case applies to checking the contractors work?

A

Woodward - council was liable

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16
Q

Which cases were overruled by OLA 1984?

A

Clayton - occupier may use reasonable deterrents to keep trespassers out
Addie - child trespasser, occupier not liable

17
Q

Which case prompted the OLA 1984?

A

BRB - 6 yr old burnt on rail way

18
Q

What are the three things that must be present for a trespasser to be owed a limited duty under s.1(3) OLA 1984

A

Occupier knows of danger
Occupier knows of trespasser or of likelihood
It is reasonable for occupier to offer protection from danger

19
Q

What did Tomlinson state?

A

‘Should not ordinarily be able to force duties upon unwilling hosts’ - in the case of a trespasser, the assumption is that there is not duty to start with

20
Q

What act says that the occupier must take reasonable care to see that trespasser is not injured by reason of danger?

A

S.1 (4) OLA 1984

21
Q

What act discusses the reason for danger?

A

S.1 (1) (a) OLA 1984

22
Q

Which case found the occupier not liable due to the way the claimant (trespasser) was using the premises?

A

Keown - climbing fire escape of NHS

23
Q

Which case links to S.1 (3)(a) OLA 1984?

A

Rhind - container under lake

Occupier is aware of danger

24
Q

Which cases link to S.1 (3)(b) OLA 1984?

A

Higgs - police down hole
Donoghue - jumped in harbour at night

Occupier had reasonable grounds to believe there was a trespasser

25
Q

What cases link to S.1(3) (c) OLA 1984?

A

Ratcliff - jumped in pool
Tomlinson - dived in lake

Expect occupier to offer some protection from danger

26
Q

What does s.2 (4) OLA 1957 state (defences)

A

A warning is ineffective unless in the circumstances it was enough to enable the visitor to be reasonably safe

27
Q

In which case were signs insufficient?

A

Rae- deep pit in dark shed

28
Q

Which case says no warning is necessary if danger is obvious?

A

Staples - algae on seaside wall

29
Q

Which defences case found sufficient warning?

A

Westwood - post office worker entered room he was not authorised

Law (3 decks)

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