Occupiers liability Flashcards
what is essentially occupiers liability
the liability of an occupier of premises for any injury or damage done to another person whilst on their premises
what are the two acts that governs occupiers liability
occupiers liability act 1957 and 1984
what case defines who an occupier is and why
Wheat v Lacon - it says an occupier has sufficient degree of control over premises such as to make him under a duty of care to those who come lawfully on this premises
what does AMF International v Magnets Bowling Co say
Two or more persons could be in occupation of premises depending on the purpose of the act
what section tells you the definition of premises
s1(3)
what does the case of copas v wheeler say
d negligent for failing to provide adequate ladder - ladder considered as premises
what sections of the act tells you what a vistor is
s1(2), 2(6) + s5(1)
what case proves the persons using a public right of way is not a visitor and why
Greenhalgh v british railway board
Was not a visitor because they used to commodation bridge that was for the convenience of the public
what was held in the case of holden v white
the milkman was exercising a right of way on private premises but still not a visitor
Why is someone’s permission a question of fact
permission is a question of fact whether a persons entry has been impliedly permitted or not
what happened in the case of robson v hallett
Occupiers gives out implied liability to members of public whom are on lawful business
what was proven in the case of edward v railway executive
mere knowledge of occupier not sufficient to be permission
what was said in the case of lowery v white
both knowledge + adequate steps to keep visitors out must be shown
what case proves that visitors could be visotrs if they had honest belief they had been invited
Ferguson v welsh
what was said in the calgrath
permission could only be limited in terms of time, space and purpose
