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Tort Law > Occupiers Liability > Flashcards

Occupiers Liability Flashcards

1
Q

Define ‘occupiers liability’

A

An occupiers duty to visitors or unlawful visitors

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2
Q

Define and identify the occupier

A

OLA 1957 doesn’t define an occupier yet WHEAT V E LACON makes it clear it’s who controls the premises

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3
Q

Define ‘premises’

A

A fixed or moveable structure

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4
Q

What are the two types of permission?

A

Express-specific invite
Implied-implied invite

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5
Q

What are the three types of implied permission?

A

1)Repeated visits
2)statutory powers of entry
3)the doctrine of allurment

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6
Q

Explain repeated visits and the relevant case to match

A

-continual visits but nothing is done about it

##Footnote

Lowery v walker

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7
Q

Explain statutory powers of entry

A

-authorised by statutory power to enter

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8
Q

Explain the doctoring of allurement and the relevant case to match

A

-A child won’t be a trespasser if there is something both attractive and dangerous to kids

Jolley v Sutton

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9
Q

What are the three ways to be a trespasser?

A

1) A person who enters the premises without an invite/presence unknown

2) If the presence is objected by the occupier in some actual practical fashion

3) A person who exceeds the limits of their permission

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10
Q

Define and apply duty of care to lawful visitors

A

S2(1) OLA 1957 states that all lawful visitors are automatically owed a duty of care.

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11
Q

What is the case for someone who exceeds the limits of their permission?

A

Geary v Wetherspoon

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12
Q

Define breach of duty in OLA 1957

A

S2(2) ‘to take such care as is reasonable in the circumstance so that the visitor will be reasonably safe for the proposed for which they have been invited for.’

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13
Q

What is breach of duty judged by in OLA 1957

A

Judged by the negligent standard of a ‘reasonable man’

May vary depending on the type of visitor

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14
Q

What are the 4 types of visitors under OLA 1957 and what is there standard of care

A

Skilled worker- low DOC

Adult- common DOC

Child- higher DOC

Very young child- expected to be supervised

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15
Q

What is the case for adult visitors?

A

Cunningham v reding AEC

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16
Q

What is the case for a child Visitor?

A

Glasgow corp v Taylor

17
Q

What is the case for a very young child?

A

Phips v Rochester corp

18
Q

What is the case for a skilled worker?

A

Roles v Nathan

19
Q

What is stated under resulting damage in OLA 1957?

A

S1(3)(b)
Visitors can claim for personal injury and property damage

20
Q

What are the defences for the defendant? Under OLA 1957

A

Warnings
Contributory negligence
Consent

21
Q

What are the case studies for warnings and consent under defences in OLA 1957?

A

Warnings: woolins v British celanese
Consent: simms v Leigh rugby club

22
Q

What are the three reason in which the occupier can avoid liability in the case of independent contractors (OLA 1957)

A

1) it was reasonable for the occupier to entrust the work to an independent contractor

2) the occupier must’ve taken reasonable steps in order to satisfy himself that the contractor was competent

3) the occupier must’ve taken reasonable steps to ensure the work had been properly done

23
Q

What must a trespasser prove in order to claim

A

1) dangerous state of premises
2) s1(3) of OLA 1984

24
Q

What does s1(3) of OLA 1984 state?

A

States that an occupier owes a duty in respect of danger on his premises if:

1) d is aware of danger or has reasonable grounds to believe it exists

2) d knows or has reasonable grounds that c is in the vicinity of danger

3) the risk is one which d may be expected to offer protection against

25
Q

What is applied in breach of duty OLA 1984?

A

Risk factors:

Likelihood of harm
Seriousness of harm
Practicality of precautions

26
Q

What standard of care is owed to trespassers?

A

S1(4) states that the duty owed is
‘to take such reasonable in all circumstances to see that the trespasser doesn’t suffer injury in the premises because of the danger’

27
Q

What can a trespasser claim for in resulting damage?

A

S1(8) OLA 1984 states that a trespasser can only claim for personal injury or death, NOT property or possessions

28
Q

What are the defences in OLA 1984 and the relevant case studies?

A

Warnings
Contributory negligence- froom v butcher
Consent- Radcliffe v McConnell

Tort Law (4 decks)

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