Occupiers Liability 1957 Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What is this act for

A

The liability of lawful visitors

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Under which act

A

Occupiers Liability Act 1957

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Define occupier (1/7)

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Define premises (2/7)

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Classes of lawful visitors (3/7)

A

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

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

Contractual permission - painter

Statutory right - meter reader

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Duty of care (4/7)

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

(5/7) breach

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

(6/7) Damage (causation)

A

Normal rules of damage apply

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

(7/7) Defences (warnings)

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

(7/7) Defences (unexpected time)

A

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)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

(7/7) Defences (warning signs)

A

Warnings relieved liability if they keep safe at all times.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

(7/7) Defences (contributory negligence)

A

(The Calgarth)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

(7/7) Defences (volenti/consent)

A
  1. No liability in respect of risks willingly accepted.
  2. Visitor must fully understand the risks.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly