Occupiers Liability - 1957 Act Flashcards
The term ‘Occupier’ is not defined in the Act, where do we get the definition from?
Common Law:
Wheat V Lacon
Any person with ‘‘a sufficient degree of control over premises’’ is an occupier
Which Section of the 1957 Act sets out what is meant by premises?
s.1(3)(a)
Premises includes Land, Buildings, vessels, vehicle or aircraft
What is the case that states temporary structures such as scaffolding are including in the definition of premises?
Wheeler V Copas
The 1957 Act imposes a common duty of care to whom, and which section states this?
Any Lawful Visitor
s.2(1)
What are the 6 types of Lawful Visitor?
1) Those with implied permission
2) Those with a legal right of entry
3) Walkers and Ramblers
4) Invitees
5) Rights of Way
6) Those with a Contract
How many permission be implied?
Continued visits with occupiers knowledge and they do nothing.
Lowry V Walker
(People used D’s field as Shortcut, D Knew, did nothing, one day put dangerous horse in field, C was injured)
Which Section of the act defines a visitor with legal rights of entry and who is an example of this?
s.2(6)
Police Officers
What gives Walkers and Ramblers permission?
The Countryside and Rights of Way Act.
Right to roam on open land this is either a mountain, heath, or down
Which section deals with invitees?
s.1(2)
What did Sutton LJ say in The Calgarth?
'’When you invite a person into your house to use the stairs, you do not invite him to slide down the bannisters’’ - If you exceed the terms of your invite you become a trespasser
What rule regarding Rights of Way was laid down in Guatret V Egerton?
A Person using a public right of way is not considered a visitor so is not owed a duty of care
Which section of the 1957 Act deals with those who have a contract?
s.5(1)
Which section sets out the common duty of care and what is it?
s.2(2)
‘‘to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited’’
Which special standard is set out in s.2(3)a?
An occupier must be prepared for Children to be less careful than adults
Give 3 cases and a brief description for this special standard
Jolley V Sutton - Attempted to repair boat in park - Council knew boat would be attractive to chilidren
Taylor V Glasgow Corp - 7yr old ate poisonous berries - died - no warning or fence - Corp knew
Phipps V Rochester - Unaccompanied child - Occupier can assume parents would not allow child to be unaccompanied
