Occupiers Liability

Question 1

What are the two types of OL?

1
2

Answer 1

1 - 1957 a duty to lawful visitors

2 - 1984 a duty to trespassers

Question 2

What’s an occupier defined as?

1 - type of law
2 - rule
3 (case)

Answer 2

In common law an occupier is defined as one who is in control of the premises

Case - wheat v e Lacon

Question 3

Step 1 of OLA 1957

1 - A ….. ….. of ….. is ……

Section … . …

They must have ……. or …… ………. to be on ………

These can be 
a
b
c
d

The occupier does not have to …… he only has to …….. as seen in L….. in addition he is not held liable for …… …….. as seen in …..

Answer 3

A common duty of care is owed to a lawful visitor under the 2.1 occupiers liability act of 1957

They must have a express of implied permission to be on the premises

Contractees
Licensees
Invitees
Statutory authority

The occupier does not have to make the premises completely safe, he must only do what is reasonable as seen in Laverton. But the duty doesn’t extend to pure accidents as seen in Cole.

Question 4

Step two

Occupiers liability to children

The occupier owes a ….. …… …. …. to children but also owes …… …… ….. under … . ….. the occupier must be prepared for children to be …… ……. than …… so the premises should be …..for a child of ….. …..

The standard of care is measured ……. according to the ….. of the child.

The occupier should guard against ……
As seen in G…… v …..

Tradespeople should guard against …… as seen in N……

Answer 4

The occupier owes a common duty of care to children along with an additional duty under article 2.3 of OLA. He must be prepared for children to be less careful than adults so the premises should be safe for a child of that age

The standard of care is measured subjectively according to the age of that child

The occupier should guard against allurements as seen in Glasgow v Taylor

Question 5

Steps 3 and four

Step 3
Step 4

Answer 5

Both breach and damage have the same rules as for negligence

Question 6

Step 5 - what can be implemented if necessary?

Answer 6

Warning signs of danger is known which can be written or spoken

Question 7

Occupiers liability act 1984

S1…. applies to …….. for any …… on the premises.

S1…. sets out this only covers that of …….. and not …….

S1….. sets out the three circumstance where a duty is owed

1 - are ……./have …….. ……. to …… the …….. exists

2 - know of have ……. …… to know the other is in the ……. of …….

3 - the …… is one against which they are e……. to …… some …….

Answer 7

Occupiers liability act 1984

S1.1 applies to unlawful visitors for any injury on the premises.

S1.8 sets out this only covers that of injury and not property

S1.3 sets out the three circumstances where a duty is owed

1 - are aware/have reasonable grounds to believe the danger exists

2 - know of have reasonably grounds to know the other is in the vicinity of danger

3 - the risk is one against which they are expected to offer some protection

Question 8

1984

Step 2

…… dangers - occupier won’t be liable if there’s an ……. danger as seen in …….

Time of ……- during an ……. time of the …… the defendants isn’t expected to …… …….. as seen in ……..

Answer 8

1984

Step 2

Obvious dangers - occupier won’t be liable if there’s an obvious danger McConnell.

Time of year- during an unforeseeable time of the year the defendants isn’t expected to offer protection as seen in Donohugh