Occupiers Liability 57

Question 1

For Occupiers Liability Act 1957 what are the first 3 things to establish

Answer 1

s1(2) Occupier- someone who has control -Wheat v Lacon
s1(3) Premises- any fixed or moveable structure- Haseldine v Daw
Lawful visitor is someone who has permission
s2(1) sets out common duty owed to all lawful visitors
s2(2) duty is to take reasonable care to keep visitor safe for the purpose for which the visitor is permitted entry Laverton v Kiapasha doesn’t need to guarantee

Question 2

What does s2(3)a) of OLA57 state

Answer 2

Higher standard of care must be afforded children as children are more at risk Moloney v Lambeth BC, Doctrine of Allurement- Glasgow Corp v Taylor
Defendants can expect parents to supervise their children Phipps v Rochester Corp

Question 3

What does s2(3)b of OLA57 state

Answer 3

Specialist visitor is expected to guard against risks associated with the trade Roles v Nathan

Question 4

What is the law regarding warning signs

Answer 4

s2(4)a) Must be clear in explaining danger and must be visible. Must be sufficient- enough to protect Rae v Mars

Question 5

What is the law regarding negligent work of an independent contractor

Answer 5

s2(4)b) a) It was reasonable to hire a contractor for work
b) a competent contractor was chosen c) work was inspected if appropriate- Haseldine v Daw

Question 6

What are the defences for OLA 57

Answer 6

s2(5) Volenti(consent) full defence- C voluntarily accepted or had knowledge
s2(3) Contributory negligence partial defence- C partly to blame or made losses worse law Reform Act 1945
s2(1) use of exclusion clauses - occupier can limit their liability of damage to goods and PI unless caused by negligence if it is sufficiently evident in a warning/notice agreement

Question 7

What the damages for OLA 57

Answer 7

Personal injury,death, property damage (s1(3)) and any consequential losses