Occupiers Liability 1957 Flashcards
What does ‘occupiers liability’ refer to?
refers to the responsibility of the ‘owner’ of property to keep people on their land safe or to keep their land safe
What is an occupier?
The person who has legal and physical control of a piece of land/ area (Wheat v Lacon)
What is the definition of a premisis?
Under s1(3)(a) as ‘any fixed or moveable structure’
What are the 3 categories of people that are considered lawful visitors?
Those with express permission, (Calgarth), implied permission (Lowery v Walker) or statutory e.g. police
What is the occupiers liability 1957 scaffold?
D would be able to claim under the Occupier’s Liability Act 1957 for their injuries suffered whilst on D’s premises. The common duty of care states that an occupier owes a duty of care to lawful visitors.
Firstly it must be proven that D is an occupier, an occupier is someone who has legal and physical control of a premisis (Wheat v Lacon) In this scenario, D is an occupier because he runs the… establishing he has physcial control over it.
Secondly, it must be established that the area in the question is a ‘premises’, this is defined under s.1(3)(a) as any ‘fixed or moveable structure’. In this scenario, D runs the… and a… amounts to a fixed/moveable structure.
Thirdly, it must be established that C is a lawful visitor. A lawful visitor is someone with express permission (Calgarth), implied permission (Lowery v Walker) or statutory authority e.g police. In this scenario, D are/ are not lawful visitors as they have implied/expressed/statutory permission. Under the OLA 1957, s2(2) the occupier is required to take such care to keep visitors ‘reasonably safe’ whilst on the premises. Therefore, the visitor should be safe, this does not mean the premises are completely safe.
What is the case for Transferred malice?
Mitchell
What is transferred malice?
This is where the Mens Rea is transferred from the intended victim to the actual victim, this must be a similar crime type
