occupiers Liability Act 1957

Question 1

deciding who occupier is

Answer 1

wheat vs E lacon

Question 2

if nobody is in control of premise

Answer 2

bailey vs armes

Question 3

premise

Answer 3

1(3)(a) -person possess or controls a fixed or movable structure(s)

Question 4

occupier did actions an ordinary person could’ve done

Answer 4

revill vs newbery

Question 5

occupier doesnt have to make premise completely, has to do what is reasonable

Answer 5

laverton vs kiapasha takeaway supreme

Question 6

premise must pose serious threat before foreseeability of damage can be found

Answer 6

dean v debell

Question 7

no liability for pure accidents or multiple causes of damage

Answer 7

cole v david

Question 8

what section is about children

Answer 8

s 2(3)

Question 9

occupier needs to take precautions for allurement that could lead to harm

Answer 9

glasgow v taylor

Question 10

if allurement exists but damage is not foreseeable- there is no liability

Answer 10

jolley vs sutton

Question 11

tradesman must protect themselves from any risk

Answer 11

roles vs Nathan s(2 (3)(b)

Question 12

contributory negligence

Answer 12

claimant is partly responsible for injuries

Question 13

consent

Answer 13

if successfully argued D will not be liable for damages

Question 14

warning notice

Answer 14

can be oral or written s2(4)

Question 15

occupier may be required to erect barriers or warnings to keep visitors safe

Answer 15

Rae vs Marrs ltd

Question 16

if danger is obvious and visitor appreciates it, no additional warning necessary

Answer 16

Staples vs West Dorset

Question 17

exclusion clauses

Answer 17

an occupier is able to restrict modify or exclude his duty by agreement

Question 18

child trespasser

Answer 18

keown vs coventy

Question 19

occupiers liability for independent contractors
3 requirements
-insurance check

Answer 19

BOTTOMLEY v Todmorden Cricket Club

Question 20

occupiers liability for independent contractors
3 requirements
-reasonable to give work to contractor

Answer 20

HASELINE vs DAW

Question 21

occupiers liability for independent contractors
3 requirements
-if the occupier is not an expert, an expert may be needed

Answer 21

WOODWARD vs Mayor of Hastings