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Tort Law > Occupiers Liability > Flashcards

Occupiers Liability Flashcards

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1
Q

What is occupiers’ liability?

A

Occupiers’ liability concerns loss caused by the state or condition of premises or actions done or omitted during the occupation of such premises.

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2
Q

What governs the duty owed by occupiers to visitors?

A

The Occupiers’ Liability Act 1957 (OLA 1957) governs the duty owed by occupiers to visitors.

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3
Q

What governs the duty owed by occupiers to non-visitors?

A

The Occupiers’ Liability Act 1984 (OLA 1984) governs the duty owed by occupiers to non-visitors.

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4
Q

What can a visitor claim under the OLA 1957?

A

A visitor can claim for both personal injury and property damage under the OLA 1957.

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5
Q

What is the common duty of care under OLA 1957?

A

Section 2(1) OLA 1957 states that an occupier owes the common duty of care to all their visitors.

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6
Q

What does Section 2(2) OLA 1957 state about the duty of care?

A

The common duty of care is to take reasonable care to ensure that the visitor is reasonably safe in using the premises.

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7
Q

What are the three terms to understand under OLA 1957?

A

The three terms are: (1) Occupier, (2) Premises, and (3) Visitor.

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8
Q

Who is considered an ‘occupier’ under OLA 1957?

A

An ‘occupier’ is someone who has a sufficient degree of control over the premises.

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9
Q

What is the key case defining ‘occupier’?

A

The key case is Wheat v E. Lacon & Co [1966] AC 552.

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10
Q

Can there be multiple occupiers of a premises?

A

Yes, there can be more than one occupier of the premises.

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11
Q

What does ‘premises’ include under OLA 1957?

A

Premises include any fixed or moveable structure, including vessels, vehicles, or aircraft.

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12
Q

Who qualifies as a visitor under OLA 1957?

A

A visitor is someone lawfully on the premises, including those with express permission, implied permission, lawful authority, or contractual permission.

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13
Q

What limitations can affect a visitor’s status?

A

Visitor status can be limited by area, time, and purpose.

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14
Q

What is the standard of care owed to visitors?

A

The occupier owes a duty to take reasonable care to ensure the visitor is reasonably safe.

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15
Q

What is the higher standard of care for child visitors?

A

An occupier must be prepared for children to be less careful than adults, as stated in Section 2(3)(a) OLA 1957.

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16
Q

What case illustrates the higher standard of care for children?

A

The case of Taylor v Glasgow City Council [1922] 1 AC 44 illustrates this standard.

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17
Q

What establishes liability for an occupier regarding dangerous objects?

A

Liability is established if the occupier knows of the danger and fails to warn visitors, particularly children, about it.

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18
Q

What was the ruling in Jolley v Sutton LBC?

A

The court held that the abandoned boat was an allurement to children, and the council was liable for the claimant’s injuries.

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19
Q

What does s.2(3)(a) OLA 1957 state about parental supervision?

A

The courts sometimes find that an occupier can rely on the supervisory role of parents regarding young children.

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20
Q

What was the outcome in Phipps v Rochester Corporation?

A

The defendants were not liable as they could assume that children would be accompanied by adults.

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21
Q

What does s.2(3)(b) OLA 1957 state about skilled visitors?

A

Occupiers can expect skilled visitors to guard against risks incidental to their work.

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22
Q

What was the ruling in Roles v Nathan?

A

There was no liability for the occupier as the chimney sweeps failed to protect themselves from a normal risk associated with their job.

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23
Q

What factors are considered to determine if a defendant fell below the standard of care?

A

Factors include likelihood of harm, magnitude of harm, social value of the activity, and cost of preventative measures.

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24
Q

What was the outcome in Tedstone v Bourne Leisure Ltd?

A

The defendant was not liable as they had taken reasonable care to ensure safety.

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25
Q

What is required for an occupier to discharge their duty through warnings?

A

The warning must be adequate to inform the visitor of the danger and how to avoid it.

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26
Q

What was illustrated in Staples v West Dorset District Council?

A

Very obvious dangers may not require warnings.

27
Q

What are the three requirements for discharging duty through independent contractors?

A
  1. Hiring an independent contractor reasonably. 2. Selecting a competent contractor. 3. Supervising the work properly.
28
Q

What was the ruling in Haseldine v Daw?

A

The occupier was not liable as the work was technical and entrusted to competent contractors.

29
Q

How is causation and remoteness treated under OLA 1957?

A

Causation and remoteness are generally assumed unless there are glaring issues.

30
Q

What defences are available under OLA 1957?

A

Defences include consent (volenti), contributory negligence, and illegality.

31
Q

What is the structure for claims under OLA 1957?

A
  1. Identify parties, tort, and loss. 2. Duty owed by occupier. 3. Breach of standard of care. 4. Assess if the defendant fell below standard. 5. Causation. 6. Remoteness. 7. Defences. 8. Remedies.
32
Q

What is the summary of the occupier’s duty?

A

An occupier owes a duty to ensure visitors are reasonably safe, with higher standards for children and lower for skilled visitors.

33
Q

What does the Occupiers Liability Act 1984 (OLA 1984) govern?

A

The OLA 1984 governs the duty owed by occupiers to non-visitors.

34
Q

What type of loss is recoverable under the OLA 1984?

A

Only physical injury, including disease and any impairment of a person’s physical or mental condition is recoverable. Property damage is not recoverable.

35
Q

How is ‘occupier’ defined under the OLA 1984?

A

The ‘occupier’ is defined similarly to the OLA 1957, as any person who owes the duty referred to in section 2 of the Occupiers’ Liability Act 1957.

36
Q

What does ‘premises’ refer to under the OLA 1984?

A

Premises include any fixed or moveable structure.

37
Q

How is a trespasser defined according to the case of Robert Addie & Son v Dumbreck?

A

A trespasser is defined as someone who goes onto the land without invitation and whose presence is either unknown to the proprietor or objected to.

38
Q

What is the duty of care under the OLA 1984?

A

There is no automatic duty of care owed by an occupier to a non-visitor; a three-stage test must be satisfied.

39
Q

What are the three conditions to establish a duty of care under the OLA 1984?

A
  1. The occupier is aware of the danger or has reasonable grounds to believe it exists. 2. They know or have reasonable grounds to believe that the other is in the vicinity of the danger. 3. The risk is one against which they may reasonably be expected to offer protection.
40
Q

What does ‘aware of danger’ mean under the OLA 1984?

A

The occupier must have actual knowledge of facts leading a reasonable occupier to be aware of the danger.

41
Q

What must the occupier know regarding the vicinity of the danger?

A

The occupier must know or have reasonable grounds to believe that someone is in the vicinity of the danger at the time of the accident.

42
Q

What does ‘reasonable to protect’ mean in the context of the OLA 1984?

A

The risk must be one which it is reasonable for the occupier to protect the trespasser from, considering the circumstances.

43
Q

What is the standard of care under the OLA 1984?

A

The occupier must take such care as is reasonable to ensure that the entrant does not suffer injury due to the danger.

44
Q

What factors do courts consider when determining breach of duty under the OLA 1984?

A

Factors include the nature of the danger, age of the claimant, nature of the premises, purpose of the claimant, foreseeability of trespassing, and whether a sufficient warning was given.

45
Q

What does Section 1(5) of the OLA 1984 state about warning notices?

A

The duty may be satisfied if the occupier takes reasonable steps to warn of the danger or discourage persons from incurring the risk.

46
Q

What defences are available under the OLA 1984?

A

Defences include consent/volenti, contributory negligence, and potentially illegality.

47
Q

What is the significance of Section 2(1) of the OLA 1957 regarding exclusion clauses?

A

It allows an occupier to extend, restrict, modify, or exclude their duty to visitors, with certain restrictions.

48
Q

What does Section 3 of the OLA 1957 state about excluding liability to third parties?

A

An occupier cannot exclude or restrict the common duty of care owed to third parties who are strangers to the contract.

49
Q

What is a stranger to the contract as defined by OLA 1957?

A

A stranger to the contract is someone who is not entitled to the benefit of the contract, such as not being a party or a successor.

Example: A person who has not contracted with the occupier.

50
Q

What does section 3(1) of OLA 1957 protect?

A

It protects employees of a person with whom the occupier has contracted, preventing the occupier from restricting or excluding liability to them.

51
Q

What does UCTA 1977 restrict?

A

It restricts the use of exclusion clauses/notices to exclude or limit liability for negligence, including breach of duty under OLA 1957.

52
Q

To whom does UCTA 1977 apply?

A

It applies to ‘business to business’ liability, where the occupier is using the premises for business purposes.

53
Q

What does section 2(1) of UCTA 1977 state?

A

A person cannot exclude or restrict their liability for death or personal injury resulting from negligence.

54
Q

What does section 2(2) of UCTA 1977 allow?

A

It allows a person to exclude or restrict liability for other loss if the term/notice satisfies the requirement of reasonableness.

55
Q

What is the ‘requirement of reasonableness’ as per UCTA 1977?

A

It means it should be fair and reasonable to allow reliance on the notice, considering all circumstances at the time the liability arose.

56
Q

What does the Consumer Rights Act 2015 (CRA) restrict?

A

It restricts the use of exclusion clauses/notices to exclude or limit liability for negligence when the defendant acts as a trader.

57
Q

What does section 65(1) of the CRA 2015 state?

A

A trader cannot exclude or restrict their liability for death or personal injury resulting from negligence.

58
Q

What defines an unfair term under the CRA 2015?

A

A term is unfair if it causes a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the consumer.

59
Q

What is the common law restriction related to OLA 1957?

A

If neither UCTA 1977 nor CRA 2015 applies, restrictions could be judged against the principle of ‘common humanity’ from British Railway Board v Herrington.

60
Q

What is the stance of OLA 1984 on exclusion of liability?

A

The OLA 1984 is silent on exclusion of liability, leading to arguments about whether it sets a bare minimum that cannot be evaded.

61
Q

What summary can be made about exclusion/limitation clauses under OLA 1957?

A

Exclusion/limitation clauses can be subject to OLA 1957, UCTA 1977, CRA 2015, or common law restrictions.

62
Q

What does UCTA 1977 state about business occupiers and liability?

A

Business occupiers cannot exclude liability for a non-consumer visitor’s death or personal injury but may exclude liability for other loss if fair and reasonable.

63
Q

What does CRA 2015 state about traders and liability?

A

Traders cannot exclude liability for a consumer visitor’s death or personal injury but may exclude liability for other loss if the term or notice is fair.

64
Q

What is the implication of common law restrictions on OLA 1984?

A

It is likely that common law restrictions apply to exclusion or limitation clauses under OLA 1984.

Tort Law (10 decks)

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