Occupiers' Liability

Question 1

Wheat v Lacon (1966)

Answer 1

Who has the sufficient degree of control?

Question 2

AMF v Magnet Bowling (1968)

Answer 2

An independent contractor may be liable

Question 3

Billings v Riden (1958)

Answer 3

If not an occupier then normal rules of negligence apply

Question 4

Bunker v Brand (1969)

Answer 4

Wide definition given to premises

Question 5

Lawery v Walker (1911)

Answer 5

Savage horse, implied permission

Question 6

Phipps v Rochester Corporation (1955)

Answer 6

Child of 5 should have been looked after

Question 7

The Calgarth (1927)

Answer 7

Staircase/banister Scrutton LJ

Question 8

Geary v JD Wetherspoon Plc (2011)

Answer 8

No duty to protect against obvious and inherent risks

Question 9

Glasgow Corp v Taylor (1922)

Answer 9

7 year old ate berries

Question 10

G William v West Hertfordshire NHS Trust (2003)

Answer 10

Splat wall/insurance

Question 11

Poppleton (2008)

Answer 11

Climbing wall don’t need to warn

Question 12

Law Commission Report No 75

Answer 12

Suggests act applies to a continuing source of danger, not yet decided by the courts

Question 13

Harris v Birkenhead Corp (1976)

Answer 13

Compulsory purchase order; liable as soon as occupier leaves

Question 14

Page v Read (1984)

Answer 14

Contractor doing large building development is occupier, decorating painter is not

Question 15

Robson v Hallett (1967)

Answer 15

Permission to walk up to a door implied

Question 16

Gould v McAuliffe (1941)

Answer 16

Not taken reasonable steps to make visitor aware some parts were out of bounds

Question 17

Atkins v Butlins Skyline Ltd (2006)

Answer 17

Visitor must be safe (blind man); omissions are sufficient for a claim (sufficient degree of proximity Lord Keith in AG Hong Kong)

Question 18

Jolley v Solley (2000)

Answer 18

Boat injuring boys was reasonably foreseeable as ingenuity of children should not be underestimated

Question 19

Simkiss v Rhondaa (1983)

Answer 19

Social habits should be considered, such as becoming a play ground

Question 20

Eden v West & Co (2002)

Answer 20

Liable for bricks falling on window repairs as so unusual should have warned them

Question 21

Roles v Nathan (1963)

Answer 21

Dangerous bridge analogy by Lord Denning MR

Chimney sweeps case

Question 22

Ogwo v Taylor (1987)

Answer 22

Liable for fire started negligently and injuring fireman

Question 23

Bottomly v Todmorden Cricket Club (2003)

Answer 23

High risk of fireworks display increased burden to check for competence

Question 24

Woodward v Mayor of Hastings (1945)

Answer 24

Clearing steps of snow is basic and should be checked; could not delegate responsibility

Question 25

Haseldine v Daw

Answer 25

Discharged responsibility of lift maintenance; Scott LJ mentioned policy of insurance and the party most able to avoid the damage at the lowest cost

Question 26

Ferguson v Welsh (1987)

Answer 26

In exceptional cases an occupier may be liable to ensure dangerous practice of contractors is stopped; Lord Goff doubted that an ordinary house owner can be expected to question the practice of an electrician

Question 27

British Railway Board v Herrington (1972)

Answer 27

Unlikely that common humanity can be excluded against