Occupiers liability act 1957 Flashcards
Where was occupier first defined?
Case of Wheat
What is an occupier?
someone who is in possession and control of the premises (can be more than one person)
What section is the term premises defined?
Section 1 3(a) of the OLA 1957
what is the term premises defined as?
says premises is a fixed or moveable structure
what are some examples of premises?
vessel, vehicles, ladders, lifts, houses and buildings.
what does the case of Tomlinson establish?
That a lake can be classed as premises.
where are lawful visitors dealt with?
OLA 1957
What is a lawful visitor?
Allowed to be there or are statutory authority
what does S2 (2) of the OLA 57 say?
An adult visitor must be reasonably safe in using the premises for the purpose tha they have been invited
what does the case of Laverton establish?
That the occupier only has to take reasobale care, and that the V does not have to be completely safe.
What is a case that supports “a vistor does not have to be completely safe?”
Cole
What does S2 (3) say about child lawful visitors?
you have to be prepared for children to be less careful than adults.
premises only has to be reasonably safe for a child of that age.
Cases to use for child visitors?
Taylor (allurement)
Pips (if a child is young a parent should be looking after them)
what does S2 (3) (b) say about tradesmen?
that trades people should guard against any risk
what is a case for S 2 (3) (b) about tradesmen?
Roles v Nathan (chimney sweeps inhaled carbon monoxide)
what section are independent contractors held in the OLA 1957?
S2 (4) OLA 57
what are the three requirements for independent contractors?
- Must be reasonable for O to have given work to contractor (Hasseldie)
- Contractor must be competant to carry out the task (Bromley v Cricket club)
- Occupier must check the work is being done properly
(Wood v Woods)
What is a case for statutory authority/implied permission?
Robson v Hallet
what was established in the case of Faulkner v Willets?
Evidence that they permitted entry not just accepted it.
What is a case for permitting entry?
Faulkner v Willets
