Occupiers liability Flashcards
Who is considered an occupier according to Wheat v Lacon (1966)?
Defendants (owners and manager) had control over the premises
Control over who enters the premises is a key factor in determining occupancy.
What is the significance of Harris v Birkenhead Corporation (1976) regarding physical possession?
Physical possession is not needed for control over premises; legal rights are sufficient.
What does S1(3) OLA 1957 define as premises?
Includes land, buildings, and any fixed or movable structures, including vessels, aircraft, or vehicles.
What duty does an occupier owe to visitors according to S2(1) OLA 1957?
The same duty to all visitors, unless modified by agreement.
What is the standard of care an occupier must take towards visitors as per S2(2) OLA 1957?
Take reasonable care to ensure visitors are safe for the purpose they are there.
In Darby v National Trust (2001), what was determined about obvious risks?
Drowning was considered an obvious risk, and no warning was necessary.
What does S2(3)(a) OLA 1957 state about children?
Occupiers must be prepared for children to be less careful than adults.
What was the outcome in Glasgow Corporation v Taylor (1922) regarding poisonous berries?
Defendant breached duty as they knew about the poisonous nature of the berries.
What did the court find in Jolley v Sutton London Borough Council (2000) regarding the boat?
The boat was considered an allurement, and the defendant was negligent for not removing it.
Under S2(3)(b) OLA 1957, what can an occupier expect from a person exercising their calling?
They will appreciate and safeguard against special risks connected with their calling.
What was the ruling in Roles v Nathan (1963) regarding chimney sweeps?
Defendants were not liable as the sweeps were warned about the specific danger.
What does S2(4)(b) OLA 1957 outline about independent contractors?
Occupiers may not be liable for harm caused by the work of independent contractors.
What was established in White v Baltimore (1972) about liability notices?
Defendant was not liable as reasonable precautions were taken to inform about liability conditions.
What does the Law Reform (Contributory Negligence) Act 1945 entail?
Applies to cases where both parties may share fault.
In Cotton v Derbyshire Dales District Council (1994), what was concluded about the cliff danger?
The danger was obvious; therefore, no sign was required.
What was the outcome in Rae v Mars Ltd (1990) regarding warnings?
Damages awarded; however, it was suggested that a warning would not have been effective.
What does OLA 1984 state about trespassers?
Possible for a trespasser to become a trespasser in specific parts of a building or land.
What are the three conditions under S1(3) OLA 1984 for a duty owed to a trespasser?
- Occupier must be aware of danger
- Reasonable belief that trespasser is near danger
- Risk that occupier may reasonably be expected to protect against.
What was the ruling in Donoghue v Folkestone Properties Ltd (2003) regarding swimming?
Circumstances included time of year; no reason to believe anyone would swim then.
What did Youth v Kent County Council (2005) conclude about contributory negligence?
School had a duty to protect from known risks; 50% contributory negligence was found.
What legal principle is illustrated in Ratcliffe v McConnell (1999)?
Volenti non fit injuria; the risk of harm was obvious.
