Occupiers Liability 1957 Act

Question 1

S1(1) scope of the act

Answer 1

Rules were enacted to replace the common law, for when an occupied owes a duty to visitors on his premise who have incurred damages due to something done or omitted to be done

Maigure v Selfton Police - Case law became more complex, more like codifying plus as they amended some things and just reacted some others

Question 2

S1(2) Nature of duty

Answer 2

It changes the nature of the duty but not who the duty is owed to.

Question 3

S1(2) Who is an Occupier?

Answer 3

Wheat v Lacon - Can have more than one occupier at one time. Whoever has occupational control again may be more than one, but more likely to be whoever is in charge day to day with the stuff and has control, then would know liability rests on them

Question 4

S1(3) Premises

Answer 4

Land and building

Wheeler v Copas - Ladder could be but as handed over it was no longer but negligence as should have checked

Question 5

Occupancy duty v activity duty

S1(1) and S1(2)

Answer 5

Commissioner for Railways v Mackenzie - Both occupancy and activity duties where there but the occupancy duty is relevant

Tomlinson v Congleton - Occupancy duty I’d the relevant duty

Question 6

Things done or omitted to be done

Answer 6

Smith v Littlewoods - Pure omission not liable

Unless: Assumption of liability, relationship to third party, creation of danger to others

Occupiers Liability is the exception to this

Question 7

Who are visitors?

Answer 7

S1(2) People invited onto the land, and people given permission to go onto the land

Subject to S1(4) public walks of way, and access agreements are not visitors

S2(6) Those who have a right in law can enter and will be treated as visitors

Question 8

Contractual Entrants

Answer 8

S3(1) They are treated as visitors, can’t try and get out of liability to them.

Question 9

People dropping off stuff

Answer 9

S5(1) common duty of care owed

Question 10

Occupiers Liability (S) 1960

Answer 10

Basically the same

S1(1) People who occupy/have control of the premises
S1(2) It doesn’t change the common law relationships
S1(3) Provisions shall apply equally in relation to person occupying or having control of premises

This allows for duty to trespassers