Occupiers liability

Question 1

Occupier

Answer 1

S1(2)- common law applies. Wheat V lacon. Anyone with some degree of control over the property, including owners, tenants, landlords and independent contractors

Question 2

premises

Answer 2

S.1(3)(a) any fixed or moveable structure, including any vehicle vessel or aircraft

Question 3

lawful visitor

Answer 3

anyone who has any express or implied permission

Question 4

a common duty of care

Answer 4

S.2(2)
The occupier is under a duty to keep the visitor reasonably safe for the purposes for which he is permitted to be there

Question 5

Children

Answer 5

S.2(2)(a)
Phillips v Rochester corp
the responsibility for children of tender years lies primarily with the adult accompanying them

Question 6

Professional carrying out a calling

Answer 6

S.2(2)(b)
Roles v Nathan
We can expect professional callers to guard against any risks that are commonly in there line of work

Question 7

Warning signs

Answer 7

S.2(4)(a)
No duty to guard against obvious risks- Darby v National Trust
V is volenti and disregards duty to the occupier

Question 8

Independent contractors

Answer 8

When a visitor suffers damage due to faulty work by an IC, the occupier will not normally be liable if, in all the circumstances,
Reasonable to entrust the work to an IC
O took reasonable steps to check IC was competent
O took reasonable steps to check work was properly done
Haseldine v DAW

Question 9

Available defences

Answer 9

Giving a warning of the danger S.2(4)(a)
Volenti non fit injuria S.2(5)
Contributory negligence
Exclusion of liability S.2 (1)