Occupiers' Liability

Question 1

Which statutes governs occupiers’ liability?

Answer 1

The Occupiers’ Liability Act 1957 and 1984

Question 2

What statute covers duty owed to non-visitors/trespassers?

Answer 2

OLA 1984

Question 3

Which case established the duty of common humanity owed to trespassers?

Answer 3

British Railway Board v Herrington

Question 4

Who is an occupier according to common law?

Answer 4

A person who has sufficient control over premises.

Question 5

Which statutory provision refers to the common law definition of occupier?

Answer 5

s1(2) OLA 1957

Question 6

In which case did Lord Denning divide the meaning of occupier into four categories?

Answer 6

Wheat v Lacon & Co

Question 7

What were the four categories of occupier Lord Denning created?

Answer 7

1. If the landlord does not live on the premises, the tenant is the occupier;
2. If the landlord retains some part of the premises, eg common areas like stairways, he is the owner of those parts;
3. If the landlord issues a license he is still the owner of the entire property;
4. If the occupier hires an independent contractor they remain the occupier.

Question 8

In which case was it impossible to find who had sufficient control over a roof area upon which a child had climbed and fallen off?

Answer 8

Bailey v Armes

Question 9

Is it possible to have more than one occupier?

Answer 9

Yes (Collier v Anglian Water Authority).

Question 10

Is it possible for a person to be both a visitor and a trespasser in the same act?

Answer 10

Yes, if there are multiple occupiers, a person may be a visitor to one and a trespasser to the other (Ferguson v Welsh).

Question 11

Can independent contractors be occupiers?

Answer 11

Yes (AMF International Ltd v Magnet Bowling Ltd).

Question 12

Is it possible for an absentee, who has taken no steps to exert control over an area, be an occupier?

Answer 12

Yes (Harris v Birkenhead Corporation).

Question 13

Which statutory provisions define premises?

Answer 13

s1(3)(a) and s1(2) OLA 1957

Question 14

What is included in the definition of premises?

Answer 14

any fixed or moveable structure, including any vessel, vehicle or aircraft.

Question 15

What was regarded as premises in the case of Wheeler v Copas?

Answer 15

A ladder

Question 16

There are five types of permission to come onto an occupiers’ land. What are they?

Answer 16

1. Express permission
2. Implied permission
3. Lawful authority
4. Contractual permission
5. Public and private right of way

Question 17

Express permission can be limited in three ways. What are they? Give an authority for each.

Answer 17

1. By area (The Calgarth)
2. By time (Stone v Taffe)
3. Purpose (R v Smith and Jones)

Question 18

Who has the onus of proving implied permission?

Answer 18

The claimant

Question 19

In which case was there held to be implied permission? Why

Answer 19

In Lowery v Walker the public had taken a short cut over the defendant’s land for 35 years.

Question 20

According to s5(1) OLA 1957 there is implied permission to enter someone’s land when?

Answer 20

When there is a contract requiring a person to enter the occupiers’ land.

Question 21

Which two cases govern private and public rights of way?

Answer 21

Private (Holden v White) and public (Greenhalgh v British Railways Board).

Question 22

Which statutory provision allows certain persons to enter occupiers’ premises for lawful reasons?

Answer 22

s2(6) OLA 1957

Question 23

According to s2(1) OLA 1957 to whom is the common law duty of care owed by occupiers?

Answer 23

All visitors

Question 24

How does s2(2) OLA 1957 qualify the common law duty of care?

Answer 24

The duty of care is take reasonable steps to ensure visitors’ safety.