Occupiers Liability 1957

Question 1

What is this act for

Answer 1

The liability of lawful visitors

Question 2

Under which act

Answer 2

Occupiers Liability Act 1957

Question 3

Define occupier (1/7)

Answer 3

(Wheat v Larcon)
No statutory definition
“Must have sufficient control over the premises”

Question 4

Define premises (2/7)

Answer 4

Any fixed or moveable structure (vessel, vehicle, aircraft)
(Heseldine v Daw) - lifts
(Wheeler v Copas) - ladder

Question 5

Classes of lawful visitors (3/7)

Answer 5

Invitee - friends, invited e.g. quoting for work

Licensee - enters in material interest e.g. shop visitor

Contractual permission - painter

Statutory right - meter reader

Question 6

Duty of care (4/7)

Answer 6

D’s duty to take reasonable care to ensure a visitor is safe.

Basic - it is the visitor rather than the premises which has to be made safe.

Higher - (Glasgow Corp v Taylor) - allows children to be less careful - “allurement principle” - must not lead children into temptation.

Lower - (Roles v Nathan) -
guard against special risks incidental to the occupation e.g. electricians getting electrocuted.

Question 7

(5/7) breach

Answer 7

Normal rules of breach apply - falling below the standards of a reasonable man.

Question 8

(6/7) Damage (causation)

Answer 8

Normal rules of damage apply

Question 9

(7/7) Defences (warnings)

Answer 9

Occupiers do not have to warn adult trespassers against obvious risk of injury against obvious dangers (Ratcliff v McConnell)

Question 10

(7/7) Defences (unexpected time)

Answer 10

Occupiers do not have to warn adults trespassing against obvious risks if the trespasser enters at an unforeseeable time of day or year
(Donoghue v Folkstone)

Question 11

(7/7) Defences (cost of taking precaution)

Answer 11

Occupiers do not have to spend lots of money making premises safe from an obvious risk
(Tomlinson v Congleton Borough Council)

Question 12

(7/7) Defences (C aware of risks)

Answer 12

(Ratcliffe v McConnall)
Duty of care is not owed if C is aware of the risk.

Question 13

(7/7) Defences (warning signs)

Answer 13

Warnings relieved liability if they keep safe at all times.

Question 14

(7/7) Defences (contributory negligence)

Answer 14

(The Calgarth)

Question 15

(7/7) Defences (volenti/consent)

Answer 15

1. No liability in respect of risks willingly accepted.
2. Visitor must fully understand the risks.