Occupiers Liability Flashcards
1
Q
Where does Occupiers Liability come from
A
- Both a mix of statute and common law
2
Q
What are the two OLA
A
OLA - 1957
OLA - 1984
3
Q
What does OLA1957 cover
A
Visitors, personal injury, death and property
4
Q
What does OLA84 cover
A
Anyone other than visitors
5
Q
Wheat v Lacon
A
Established 4 categories of an occupier
6
Q
Evaluation 1 - Fairness
A
- Occupier only needs to take reasonable care of danger if they are aware of it
- Under s2 (3) children and allurements (Glasgow corp v Taylor)
- Parents should be caring for children ( Phipps v Rogers)
- Balance on liability and offers much more protection to children which are prone to not make good decisions, in touch with people
7
Q
Evaluation 2 - No Stat Def
A
- Judges have to make points of law up as they go
- Undemocratic + uncertain
- Make the law unfair and have judges make poor decisions
- Wheeler v Copas, ladder was a premises is this too wide?
- If we were to define would it limit the scope
- Alongside the statute that does exist lead to stat interp which can cause inconsistent decision making depended on judge - unfair
8
Q
Evaluation 3 - Warning signs
A
- Can be enough to dismiss liability
- S2 (4)(A) discharge Doc
- Tomlinson v congestion borough council, visitor becomes trespasser
- encourages taking own responsibility
- will apply different for children
- is this too easy to discharge occupiers of any duty ?
9
Q
Key info/cases
A
Glasgow Corp v Taylor
S2(3) - Children + Allurements
Phipps v Rogers
Wheeler v Copas
S2(4)(a) warning signs enough to dismiss duty
Tomlinson v Congleton borough council
