Occupiers Liability 1957

Question 1

Which section of the act defines OL57? What does it say?

Answer 1

s.2(1) an occupier owes a common duty of care to all lawful visitors.

Question 2

definition of occupier

Answer 2

someone who has possession/ control over the land and there can be more than one occupier

Question 3

case for occupier

Answer 3

Harris V Birkenhead & Wheat V Lacon

Question 4

what is a premises

Answer 4

widely defined: ladder, house, lift

Question 5

case for premises

Answer 5

Wheeler V Copas

Question 6

definition of lawful visitor

Answer 6

someone who has express/ implied permission to be on the premises

Question 7

which section defined duty of care and what did it say

Answer 7

s.2(2) a duty to keep the visitor reasonably safe for the purpose for which he is invited to be there.

Question 8

what will an expert have done to try and claim

Answer 8

injured themselves

Question 9

which section of the act is expert and what does it say

Answer 9

s.2(3)(b) an occupier can expect that a person who enters in the exercise of their calling will appreciate and guard against any special risks ordinarily incident to it

Question 10

case for experts

Answer 10

Roles V Nathan

Question 11

what will an independent contractor have done to try and claim

Answer 11

injured a 3rd party

Question 12

which section of the act is independent contractor and what does it say

Answer 12

s.2(4)(b) an occupier can avoid liability and the independent contractor can be blamed instead if the 3 stages apply

Question 13

what is the first stage for independent contractor

Answer 13

reasonable to hire contractor

Question 14

case for first stage of IC

Answer 14

Haseldine V Daw

Question 15

what is the second stage for IC

Answer 15

make sure the contractor is competent

Question 16

case for second stage of IC

Answer 16

Bottomley V Todmorden Cricket Club

Question 17

what is the third stage of IC

Answer 17

must carry out reasonable checks to inspect that the work is properly done

Question 18

case for third stage of IC

Answer 18

Woodward V Mayor of Hastings

Question 19

what does the law state for children and in which section of the act

Answer 19

s.2(3)(a) an occupier should be prepared for children to be less careful as they may not see the risks. Greater duty of care.

Question 20

which case held that an occupier must take precautions where there are “allurements”

Answer 20

Glasgow Corp V Taylor

Question 21

which case stated very young children should be under parental supervision.

Answer 21

Phipps V Rochester Corp

Question 22

what are the 3 defences?

Answer 22

• contributory negligence (Law Reform (CN) Act 1945)
  -consent/ volenti
  -warning notices (enough to make visitor feel safe s.2(4))