Occupiers Liability Flashcards

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1
Q

What is occ liability?

A

Branch of tort that effects land, injury/damage caused by the state of a premises.

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2
Q

Premises?

A

Widely defined, a fixed/moveable structure and it can be houses, land, buildings or

  • ships London Dock v Horton
  • vehicles Hartwell v Grayson
  • aircraft Fosbroke v Airwork
  • lifts Haseldine v Daw
  • ladders Wheeler v Copas
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3
Q

Occupier?

A

Widely defined but generally ‘anyone in control of the land’ shown in Wheat v E Lacon, liability depends on the circumstance. To be liable you have to have sufficient control over the premises shown in Harris v Birkenhead, and sometimes nobody is in control shown in Bailey v Armes.

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4
Q

Reform?

A
  • compulsory insurance to support no fault liability
  • compensation scheme by the state
  • increased personal respect.
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