Occupiers Liability 1957

Question 1

Act

Answer 1

Occupiers liability act 1957

Question 2

Occupier

Answer 2

An occupier is someone who has occupational control over the premises, meaning legal or physical control. (Wheat v Lacon)

Question 3

Premises

Answer 3

Is defined as any fixed or moveable structure under s.1(3)(a)

Question 4

Lawful visitor

Answer 4

There are three types
Expressed permission (The Calgarth)
Implied permission (Lowery v Walker)
Statutory right to enter

Question 5

Breach of duty

Answer 5

An occupier should take such care as is reasonable in all the circumstances to see that the visitor will be reasonably safe in using the premises for the purposes of his invitation

Question 6

Examples of different duties owed

Answer 6

Duty owed for a visitor can change
-Child
-Skilled visitor
-Independent contractor
-Warning signs

Question 7

Child

Answer 7

An occupier must be more prepared for children to be less careful than adults, so must take greater care to protect children (Glasgow corporation v Taylor)

Question 8

Skilled visitor

Answer 8

an occupier may expect that a person, in the exercise of his calling, will appreciate and guard against any special risks (Roles v Nathan)

Question 9

Independent contractor

Answer 9

-if it was unreasonable to entrust the work to the IC
-if the occupier failed to take reasonable steps to ensure the contractor was competent
-to ensure work was carried out to a reasonable standard
(Hasaldine v Daw)

Question 10

Warning signs

Answer 10

They can either be expressed or implied warnings and must be enough to enable the visitor to be reasonably safe and they must be clear and easily noticeable in order for the occupier to have a possibility of not breaching their duty (Woolins)