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law paper 2 - tort law > occupiers liability 1957 > Flashcards

occupiers liability 1957 Flashcards

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1
Q

is concerned with…

A
  • lawful visitors
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2
Q

OCCUPIER
under s1(2) OLA 1957, an occupier is…

A
  • a person who would be treated as such under common law
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3
Q

OCCUPIER
wheat v lacon

A

there could be more than one occupier of the premises

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4
Q

PREMISES
under section

A
  • 1(3) OLA 1957
  • premises is any fixed or moveable structure, including any vessel, vehicle, and aircraft
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5
Q

LAWFUL VISITOR
s1(2)

A

a lawful visitor is someone who would at common law have been treated as an invitee or licensee

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6
Q

LAWFUL VISITOR
invitee

A

persons who have been invited to enter with express permission to be there

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7
Q

LAWFUL VISITOR
licensees

A

persons who have express or implied permission to be on land for a particular period

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8
Q

LAWFUL VISITOR
those with…

A

contractural permission - a person who has bought an entry ticket for an event

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9
Q

LAWFUL VISITOR
those given…

A
  • a statutory right to enter
  • to read meters or police exercising a police officer warrant for a search
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10
Q

ADULTS
s2(1)

A
  • an adult visitor is owed a duty of care
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11
Q

ADULTS
s2(2)

A

the occupier must keep the visitor reasonably safe for the purpose for which he is invited to be there

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12
Q

ADULTS
s2(2) case

A

-Laverton v Kiapasha
- not liable as no duty to keep ‘completely safe’

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13
Q

CHILDREN
s.2(3)a

A

occupier must be prepared for children to be less careful than adults so the premises must be reasonably safe for a child at that age

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14
Q

CHILDREN
case

A

Moloney v Lambeth LBC

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15
Q

CHILDREN
doctrine of allurement

A

jolley v sutton

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16
Q

CHILDREN
occupier should expect…

A
  • children to be properly supervised
  • Phipps v Rochester
17
Q

SPECIALIST VISITORS/TRADESMEN/WORKERS
s.2(3)b

A
  • occupier may expect specialist visitor will be aware/protect themselves against risk in own specialism
  • Roles v Nathan
18
Q

INDEPENDENT CONTRACTORS
1 .under section…

A
  • 2 (4)(b)
  • reasonable to bring an outside contractor
  • HASELDINE V DAW
19
Q

INDEPENDENT CONTRACTORS
2. the…

A
  • occupier took reasonable steps to ensure contractor was competent
  • BOTTOMLEY V TODMORDEN CRICKET CLUB
20
Q

INDEPENDENT CONTRACTORS
3. the occupier…

A
  • took reasonable steps to ensure work had been properly done
  • WOODWARD V MAYOR OF HASTINGS
21
Q

CONTRIBUTORY NEGLIGENCE
section

A
  • 2(3)
  • law refor, (contributory negligence) act 1945

law paper 2 - tort law (5 decks)

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