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Law > Occupiers' Liability Act 1957 > Flashcards

Occupiers' Liability Act 1957 Flashcards

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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
Q

What happened in Roles v Nathan?

A

O not liable as they were right to presume the chimney sweeps would have been aware of the danger of carbon monoxide

26
Q

What is said about OL to IC?

A

Able to pass claim

27
Q

What does S.2(4) OLA 1957 state?

A

If visitor is injured by a workman’s negligent work, the O may have defence, and able to pass claim to workman

28
Q

What are the three requirements to pass claims to IC?

A

Reasonable to give work to IC
IC hired must be competent
O must check work done properly

29
Q

What case is used for the work being reasonable to give to IC?

A

Haseldine v Daw & Son Ltd

30
Q

What happened in Haseldine v Daw & Son Ltd?

A

Was for work of a lift so needed specialist, reasonable to five work to specialise firm

31
Q

How can people check IC is competent?

A

Insurance
Qualifications
Reviews
References

32
Q

What case can be used for IC being competent?

A

Bottomley v Todmorden CC

33
Q

What happened in Bottomley v Todmorden CC?

A

O liable as they weren’t competently hired

34
Q

What case can be used to checking work is done properly?

A

Woodward v The Mayor of Hastings

35
Q

What are the defences which can be used for OLA 1957?

A

Contributory negligence
Consent
Warning notices
Exclusion clauses

36
Q

What is a case for CN?

A

Yvonne Forrest v Iceland Foods Ltd

37
Q

What are the cases for warning notices?

A

Rae v Marrs
Staples v West Dorset DC

Law (104 decks)

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