occupiers liability Flashcards

1
Q

act for lawful visitors

A

OLA 57

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2
Q

OLA 57

A

act for lawful visitors

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3
Q

act for unlawful visitors

A

OLA 84

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4
Q

OLA 84

A

act for unlawful visitors

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5
Q

definition of an occupier case

A

wheat v lacon

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6
Q

wheat v lacon

A

definition of an occupier case

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7
Q

definition of premises act

A

s.1(3)(a)

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8
Q

s.1(3)(a)

A

definition of a premises act

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9
Q

s.2(1) OLA 57

A

all lawful visitors are owed a duty of care

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10
Q

all lawful visitors are owed a duty of care

A

s.2(1) OLA 57

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11
Q

s.2(2) OLA 57

A

occupiers have a duty to ensure visitors are reasonably safe

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12
Q

occupiers have a duty to ensure visitors are reasonably safe

A

s.2(2) OLA 57

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13
Q

adult visitors

A

s.2(2) / Cunningham v reading FC

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14
Q

s.2(2) / Cunningham v reading FC

A

adult visitors

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15
Q

child visitors

A

s.2(3)(a) / Glasgow corp v Taylor

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16
Q

s.2(3)(a) / Glasgow corp v Taylor

A

child visitors

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17
Q

skilled visitors

A

s.2(3)(b) / roles v Nathan

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18
Q

s.2(3)(b) / roles v Nathan

A

skilled visitors

19
Q

s.1(3)(b) OLA 57

A

C can claim for personal injury and property damage

20
Q

C can claim for personal injury and property damage

A

s.1(3)(b) OLA 57

21
Q

s.1(1)(a) OLA 84

A

trespassers are owed a duty of care

22
Q

trespassers are owed a duty of care

A

s.1(1)(a) OLA 84

23
Q

geary v Weatherspoon

A

trespasser exceeds limits of their invitation

24
Q

trespasser exceeds limits of their invitation

A

geary v Weatherspoon

25
s.1(1) OLA 84
dangerous state of premises
26
dangerous state of premises
s.1(1) OLA 84
27
s.1(3) OLA 84 tests
1. d knew of danger 2. d knew c was in vicinity of danger 3. danger was one d would reasonably have to provide protection from
28
1. d knew of danger 2. d knew c was in vicinity of danger 3. danger was one d would reasonably have to provide protection from
s.1(3) OLA 84 tests
29
tomlinson v congleton bc
danger was one d would reasonably be expected to provide protection against
30
danger was one d would reasonably be expected to provide protection against
tomlinson v congleton bc
31
6.s.1(4) OLA 1984
The duty owed by an occupier to a trespasser is “to take such care as is reasonable in all the circumstances to see that the trespasser does not suffer injury on the premises because of the danger.”
32
The duty owed by an occupier to a trespasser is “to take such care as is reasonable in all the circumstances to see that the trespasser does not suffer injury on the premises because of the danger.”
6.s.1(4) OLA 1984
33
s.1(8) OLA 1984
trespassers can only claim for personal injury and not property damage
34
trespassers can only claim for personal injury and not property damage
s.1(8) OLA 1984
35
s.2(4)(a)
warning must be 'sufficient'
36
warning must be 'sufficient'
s.2(4)(a)
37
authority of contributory negligence
law reform (contributory negligence) act 1945
38
law reform (contributory negligence) act 1945
authority of contributory negligence
39
from v butcher
contributory negligence
40
contributory negligence
from v butcher
41
Simms v Leigh rugby
consent
42
consent
simms v Leigh rugby
43
s.1(5) OLA 84
warnings
44
warnings
s.1(5) OLA 84