Occupiers Liability 1957 Flashcards
Which section of the act defines OL57? What does it say?
s.2(1) an occupier owes a common duty of care to all lawful visitors.
definition of occupier
someone who has possession/ control over the land and there can be more than one occupier
case for occupier
Harris V Birkenhead & Wheat V Lacon
what is a premises
widely defined: ladder, house, lift
case for premises
Wheeler V Copas
definition of lawful visitor
someone who has express/ implied permission to be on the premises
which section defined duty of care and what did it say
s.2(2) a duty to keep the visitor reasonably safe for the purpose for which he is invited to be there.
what will an expert have done to try and claim
injured themselves
which section of the act is expert and what does it say
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
case for experts
Roles V Nathan
what will an independent contractor have done to try and claim
injured a 3rd party
which section of the act is independent contractor and what does it say
s.2(4)(b) an occupier can avoid liability and the independent contractor can be blamed instead if the 3 stages apply
what is the first stage for independent contractor
reasonable to hire contractor
case for first stage of IC
Haseldine V Daw
what is the second stage for IC
make sure the contractor is competent
case for second stage of IC
Bottomley V Todmorden Cricket Club
what is the third stage of IC
must carry out reasonable checks to inspect that the work is properly done
case for third stage of IC
Woodward V Mayor of Hastings
what does the law state for children and in which section of the act
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.
which case held that an occupier must take precautions where there are “allurements”
Glasgow Corp V Taylor
which case stated very young children should be under parental supervision.
Phipps V Rochester Corp
what are the 3 defences?
- contributory negligence (Law Reform (CN) Act 1945)
-consent/ volenti
-warning notices (enough to make visitor feel safe s.2(4))
