occupiers liability 1957

Question 1

case for multiple occupiers

Answer 1

wheat

Question 2

case for no occupier due to no control over rooftop

Answer 2

bailey

Question 3

what section of the act gave definition of premises and what was this

Answer 3

s. 3 (1) (a) a ‘fixed or moveable structure including any vessel vehicle or aircraft’

Question 4

what are the four types of lawful vistors

Answer 4

invitees
lisencees
contractual permission
statutory right to entry

Question 5

case for making visitors reasonably safe

Answer 5

laverton

Question 6

case for having to make premises reasonably safe but not having to guarantee safety

Answer 6

debell

Question 7

case for obvious risk jumping in lake

Answer 7

darby

Question 8

what section of the act addresses children

Answer 8

s.2 occupiers should expect children to be less safe

Question 9

case for children involving berries as an allurement

Answer 9

taylor

Question 10

case for children when parents should have watched child more closely

Answer 10

phipps

Question 11

case for children involving a boat

Answer 11

jolley

Question 12

case for workers knowing the risks of their profession

Answer 12

roles

Question 13

what section addresses workers

Answer 13

s.2(3)

Question 14

what section addresses independent contractors

Answer 14

s.2 (4)

Question 15

what three factors are taken into consideration to pass liability from occupier to independent contractor and what are the cases for each of these

Answer 15

1. was it reasonable for occupier to hire independent contractor? haseldine (lifts= specialised)
2. was the independent contractor competent for work? bottomley (firework stunt team had no insurance and were unsafe)
3. did the occupier check work? woodward (icy steps at school should have been checked)