occupiers liability 1957

Question 1

order you would answer 57 PQ?

Answer 1

Who is D
why
who is C
why
what are the premises
how do you know they’re a lawful visitor
what type
what may they be able to claim for
what’s the source of danger
S2(1) - DOC
S2(2) - reasonably safe for purpose of visit
apply section
defences
remedies
conclusion

Question 2

what is the intro for 57 and 84?

Answer 2

occupiers liability is where the occupier may be liable if injury occurs on their land and the occupier has not taken proper care.
branch of negligence created by statute

Question 3

intro to just 57

Answer 3

occupier owes a DOC to lawful visitors and if that is breached and them or their property are damaged they may be entitled to compensation - created by statute

Question 4

intro to just 84

Answer 4

occupier owes a DOC to trespassers and if they are injured on the occupiers property they may be entitled to compensation. made by statute

Question 5

case for and definition of occupier

Answer 5

someone who owns or controls the property so could be multiple - Wheat v E.Lacon

Question 6

definition of premises + section number

Answer 6

S.1(3)(a) OLA 1957 “any fixed or moveable structure including any vessel vehicle or aircraft”

Question 7

Different types of lawful visitors:

Answer 7

invitees - express permission to be there

licensees - there for particular reason have a license for it e.g postman

contractual permission - e.g. those with a ticket for an event

statutory authority - police exercising a warrant

Question 8

under what section is a lawful visitor owed a DOC

Answer 8

S.2(1) OLA 1957

Question 9

what is the occupiers DOC and what section number is it defined un der

Answer 9

S.2(2) - occupier must keep the visitor reasonably safe for the purpose of which he is invited there

Question 10

What is the case for not keeping the visitor completely safe

Answer 10

laverton v kiapasha

Question 11

case for making land reasonably safe for visitors

Answer 11

Dean and chapter of rochester cathedral v debell

Question 12

When will the risk be RF + case

Answer 12

if there is a real source of danger

Dean and chapter of rochester cathedral v debell

Question 13

section number of OL to children

Answer 13

S.2.(3)

Question 14

What does S.2(3) OLA 1957 state

Answer 14

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

Question 15

what case states the occupier should guard against any allurement

Answer 15

Glasgow corporation v Taylor

Question 16

does the injury have to be RF if there is an allurement

Answer 16

YES

Question 17

What does Jolley v London borough of sutton state?

Answer 17

doesn’t have to be a forseeable injury just forseebale that the children would do that

Question 18

is the occupier liable often in cases of very young children? + case

Answer 18

Not often - parents should be responsible - phipps v rochester corporation

Question 19

under what section number is the duty owed to tradesmen shown?

Answer 19

S.2(3)(b)

Question 20

what is the DOC owed to tradesmen under the relevant section

Answer 20

S.2(3)(b) - occupier is not liable where tradesman fail to guard against risks which they should know about or would be expected to know about

Question 21

what is the case for S.2(3)(b) 1957

Answer 21

Roles v Nathan - Tradesperson should be aware of the risks of their trade

Question 22

what does S.2(4) 1957 state

Answer 22

visitor is injured by a ICs negligent work the occupier may have a defence

Question 23

what are the 3 requirements that must be satisfied to pass the blame onto an IC

Answer 23

1.Was it reasonable to give the work to an IC?
2.Was the contractor competent to carry out the task?
3.Did the occupier check the work had been properly done?

Question 24

what is the case for the contractor must be competent to carry out the task

Answer 24

Bottomley v Todmorden cricket club

Question 25

what is the case for the occupier must check that the work has been properly done

Answer 25

woodward v mayor of hastings

Question 26

What defences are there for OL 1957

Answer 26

contributory neg
consent
warning notices
exclusion clauses