Occupiers Liability 1957 A01

Question 1

s.1(2)

Answer 1

common law rules apply

Question 2

test for occupier (case)

Answer 2

one of control
defined in Wheat v Lacon

Question 3

Occupier defined as

Answer 3

-person with some degree of ‘control’ over premises
-tenant or independent contractor
(may be more than 1 occupier)

Question 4

s.1(3)

Answer 4

Premises
-land
-buildings
-fixed or moveable structures
-vehicles
-vessels
-aircrafts

Question 5

Visitor

Answer 5

-express or implied permission
(if exceeded = trespasser)

Question 6

s.2(1)

Answer 6

occupier of the premises owes a common duty of care to visitors
(unless v exceeds perms)

Question 7

s.2(3)(a)

Answer 7

an occupier must be prepared for children to be less careful than adults

Question 8

Glasgow Corporation v Taylor

Answer 8

Children may be more easily allured

Question 9

s.2(3)(b)

Answer 9

an occupier may expect that a person exercising his calling will guard against any special risks (when the person injures themselves)

Question 10

s.2(4)(b)

Answer 10

an occupier will not be liable for the faulty work of an independent contractor if the defendant has chosen a reputable and competent contractor and they have checked that the work is done properly

(when the faulty work injures somebody else e.g: a customer)

Question 11

An occupier can be found liable for ….

Answer 11

personal injury, death, and damage to property under the OLA 1957

Question 12

s.2(4) states

Answer 12

if damage occurs to the v after being warned by the occupier, this will not absolve the occupier unless the warning was enough to enable the vi to be reasonably same in all circumstances