occupiers liability Flashcards
when will c be a visitor and what act
express or implied permission to be there and occupiers liability act 1957
when will c be a trespasser
not express or implied permission and occupiers liability act 1984
as a visitor what does s2(1) say
owes a common duty of care
as a visitor what does s2(2) say
reasonable care to ensure reasonably safe and standard of reasonable man as in blythe v birmingham waterworks applies and risk- bolton and cost- latimer applies
as a visitor what does s2(4)(a) say
restrict liability if warning effective to be reasonably safe
what case applied s2(4)(a)
RAE v mars ltd
as a visitor what does s2(3)(b) say
expert is expected to guard against any risks ordinarily incidental to his profession
what case did this apply to
roles v nathan
as a visitor what does s2(4)(b) do
discharge duty through independent contractor if competent +checked non tech work
what case was non technical work required by D
woodward
what case was technical work said to be unnecessary to check by D
haseldine
what case was poisonous berries considered an ‘allurement’ for children
glasgow corps v taylor
what case said lack of parent supervision may exclude Ds liability
phipps v rochester
what case overruling another led to the creation of the 1984 act
BRB v Herrington overruling Addie v Dumbreck
what does s1(3) of the 1984 act ask (3 conditions for trespassers)
duty owed if 3 conditions met- aware of danger, reasonable grounds to believe C in vicinity, protection against risk expected
