Occupiers' Liability Act 1957 Flashcards

1
Q

What is an occupier?

A

No statutory definition of ‘occupier’
Usually the owner or tenant
Found in case law

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2
Q

What did Wheat v E. Lacon Ltd state?

A

Can be more than one occupier

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3
Q

What did Harris v Birkenhead Corporation state?

A

Whoever is in control of the premises is the owner

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4
Q

What did Bailey v Armes state?

A

If no one is in control, no one is liable

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5
Q

What Act defines premises?

A

S.1(3)(a) OLA 1957

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6
Q

What does S.1(3)(a) define premises as?

A

‘Any fixed or moveable structure, including any vessels, vehicles or aircraft’

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7
Q

What does S.2(1) state?

A

A LV is owed a DOC

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8
Q

What does S.2(2) state?

A

O must keep LV reasonaly safe for purpose of visit

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9
Q

What happened in Laverton v Kiapasha?

A

Shop owners took reasonable care to ensure customers were safe, not liable as didn’t have a duty to make sure shop was completely safe

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10
Q

What happened in Dean and Chapter of Rochester Cathedral v Debell?

A

O has to ensure land is reasonably safe for visitors but they don’t have to guarantee safety
Risk will be reasonably foreseeable if there’s a real source of danger

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11
Q

What happens if the accident is purley accidental?

A

There will be no DOC

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12
Q

What happens if there could have been another source of damage?

A

D won’t be liable

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13
Q

Which cases said that if there’s another source of damage, D won’t be liable?

A

Coles v Davis-Gilbert

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14
Q

What act does children come under?

A

S.2(3) OLA 1957

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15
Q

What did S.2(3) define OL to children as?

A

‘Must be prepared for children to be less careful than adults so the premises must be reasonably safe for a child of that age’

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16
Q

What is the standard of care measured by with child trespassers?

A

Subjective according to the age of that child

17
Q

What should the occupier guard against with child trespassers?

A

Any kind of allurement

18
Q

What cases can be used for child trespassers?

A

Glasgow Corporation v Taylor
Jolley v London Borough of Sutton
Phipps v Rochester Corporation

19
Q

What happened in Glasgow Corporation v Taylor?

A

Berries were an allurement so council was liable

20
Q

When won’t the occupier be liable with allurements?

A

If the injury/damage is not foreseeable

21
Q

What happened in Jolley v London Borough of Sutton?

A

It was foreseeable that children would play in an abandoned boat so they had a duty to ensure their safety

22
Q

What happened in Phipps v Rochester Cathedral?

A

Council not liable as occupier is entitled to expect the parents wouldn’t allow their young children to go places which were potentially unsafe

23
Q

What is said about OL to those carrying out trade or calling?

A

O ower tradesmen a common DOC

24
Q

What does S.2(3)(b) OLA 1957 state?

A

O not liable where tradesman fails to guard against risks which they should know about or would be expected to know about

25
What happened in Roles v Nathan?
O not liable as they were right to presume the chimney sweeps would have been aware of the danger of carbon monoxide
26
What is said about OL to IC?
Able to pass claim
27
What does S.2(4) OLA 1957 state?
If visitor is injured by a workman's negligent work, the O may have defence, and able to pass claim to workman
28
What are the three requirements to pass claims to IC?
Reasonable to give work to IC IC hired must be competent O must check work done properly
29
What case is used for the work being reasonable to give to IC?
Haseldine v Daw & Son Ltd
30
What happened in Haseldine v Daw & Son Ltd?
Was for work of a lift so needed specialist, reasonable to five work to specialise firm
31
How can people check IC is competent?
Insurance Qualifications Reviews References
32
What case can be used for IC being competent?
Bottomley v Todmorden CC
33
What happened in Bottomley v Todmorden CC?
O liable as they weren't competently hired
34
What case can be used to checking work is done properly?
Woodward v The Mayor of Hastings
35
What are the defences which can be used for OLA 1957?
Contributory negligence Consent Warning notices Exclusion clauses
36
What is a case for CN?
Yvonne Forrest v Iceland Foods Ltd
37
What are the cases for warning notices?
Rae v Marrs Staples v West Dorset DC