Occupiers Liability 1957-1984 Flashcards
Who is the occupier?
Wheat v Lacon Some degree of control over premises Can be multiple
Premises
S1(3) Any fixed/moveable structure
What kind of permission do visitors need?
Express or implied permission
What happened in Lowery v Walker?
Aware of repeated trespass + no action = implied permission
What types of visitors are there?
Invitees S1(2) Licensees S1(2) Contractual S5(1) Statutory right of entry
What is the S2(1) common duty of care of an occupier?
S2(2) Reasonable care to ensure visitors are reasonably safe for purpose of visit
What happened in Laverton v Kiapasha?
Not liable
What did the Rochester Cathedral Case add?
Duty only for present risk creating a real source of danger Slips
What adaptations were made for children?
S2(3) Expect children to be less careful than adults
What did Glasgow Corp v Taylor state?
Must guard against allurements
What did Phipps v Rochester add?
Occupier can expect parents to keep young children safe from danger
What does S2(3)(b) state for people exercising a trade/calling?
Expected to handle risks related to job as long as O leaves them free to do so
What happened in Roles v Nathan?
Not liable Expected to guard against risk
What's the law on Independent contractors?
S2(4)(b) Reasonable to hire Reasonable care to check competence and if work done properly
What if the work is highly specialist?
Haseldine v Daw Not liable
How does the occupier use warnings as a defence?
S2(4)(a) Must give sufficient warning
What did Derby v National Trust add to this?
Don't have to warn against obvious dangers
How does occupier exclude liability?
S2(1) Can modify duty
What are the limits to exclusion of liability?
Unfair contract terms 1977 Can't exclude death/personal injury
What is a trespasser?
One who enters premises without permission Presence must be unknown or objected to
What did the Tomlinson case add?
A visitor can become a trespasser
How do we know if the occupier owes a duty to trespassers?
S1(3) 3 part test must be satisfied first
What is the first aspect of S1(3)?
Rhind v Astbury Park Occupier must be aware of danger
What is the second aspect of S1(3)?
Higgs v Foster Occupier knows or has reasonable grounds to believe trespasser is near danger
