Occupiers Liability- 1957

Question 1

When is occupiers liability used

Answer 1

For harm/loss caused to the C by dangers arising from the state of premises/condition of land

Question 2

What is OLA 1957 for

Answer 2

Duty of care owed to lawful visitors in/on premises

Question 3

What are the 2 things that need to be proven before deciding what year of the act to use

Answer 3

• occupier
• premises

Question 4

What is an occupier

Answer 4

Owner, tenant, resident

Question 5

what does the case of wheat v lacon say about occupiers

Answer 5

Occupier is someone with a sufficient degree of control over the premises, there can be more than 1 occupier

Question 6

what is the other case used for occupiers

Answer 6

Bailey v armes

Question 7

What section of the OLA 1957 act says defines premises

Answer 7

S1(3)a- premises are fixed/moveable structures, includes vessels/vehicles/aircrafts

Question 8

For the OLA 1957 what 2 things need to be established

Answer 8

• duty of care
• breach of duty

Question 9

What section of the OLA 1957 outlines the duty required and what is this duty

Answer 9

S2- duty to take such care as is reasonable to see that the visitor is safe for the purpose of their presence

Question 10

What are the 3 different types of visitors

Answer 10

• adults
• children
• skilled visitors

Question 11

What are the 3 types of adult visitors

Answer 11

• licensee- permitted onto premises for certain time/purpose
• invitees- invited onto premises
• those with contractural permission

Question 12

For adults what does the occupier not have a duty to do, what case was used for this

Answer 12

Ensure premises are in pristine state (dean and chapter of Rochester cathedral v Debell)

Question 13

What case speaks about not having to ensure premises are in pristine state and what else is said

Answer 13

Dean and chapter of Rochester cathedral v debell- slips and trips are every day occurrences, land must only be reasonably safe, risk is foreseeable if there’s a real source of danger which the RM would recognise as requiring action

Question 14

What must the occupier be prepared for a child visitor to be

Answer 14

Less careful

Question 15

What case is used for child visitors

Answer 15

Glasgow corp v Taylor

Question 16

What case speaks about what a occupier isn’t liable to do for children

Answer 16

Bourne leisure v marsden- not liable to protect agisnt obvious dangers

Question 17

When will an occupier be in breach of their duty

Answer 17

When they fail to reach the standard of care of a reasonable occupier

Question 18

What are the 2 ways a duty can be discharged

Answer 18

• damage is caused by an independent contractor
• warning signs

Question 19

In order prove that a duty can be discharge due to damage caused by an independant contractor, what needs to be proved

Answer 19

1. It was reasonable for occupier to have entrusted work of independent contractor
2. Contractor must be competent to carry out task (qualifications, experience, recommendations)
3. Occupier must check work is property done (if work complex, specialist required to be hired)

Question 20

What case is used to say that it must be reasonable for the occupier to have entrusted the work on an independent contractor

Answer 20

Haseldine v daw and son

Question 21

what case is used to say that the contractor must be competent to carry out task

Answer 21

Bottomley v todmorden cricket club

Question 22

For warning signs discharging a duty what must the signs be

Answer 22

• enough to keep c safe
• increased danger means increased safeguards are required

Question 23

What case says that warning signs aren’t needed if the danger is obvious

Answer 23

Darby v national trust

Question 24

what does the case of English heritage v Taylor say about warning signs

Answer 24

An adult doesn’t need to be warned of obvious risks, except where they didn’t have a genuine and informed choice

Question 25

What case says when a warning sign will be insufficient, and what is said

Answer 25

Rae v marris- warning signs with no detail or by themselves= insufficient

Question 26

What are exclusion clauses

Answer 26

Clause/term/statement that restricts/excludes/reduces the liability of the D for the harm/loss suffered

Question 27

when can liability be limited/excluded through exclusion clauses

Answer 27

When an occupier puts up a notice in an attempt to reduce liability e.g. park at own risk

Question 28

When are exclusion clauses not enforceable

Answer 28

• against visitors who have right to be there as liscencee
• where occupiers is business trying to exclude liability of death/personal injury