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Law- Paper 2 section B > Occupiers liability act 1957 > Flashcards

Occupiers liability act 1957 Flashcards

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1
Q

What is the general understanding of occupiers liability

A

The duty owed by land owners to those who come onto their land

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2
Q

What type of visitors is the OLA 1957 concerned with

A

Lawful visitors

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3
Q

Who is an occupier in OLA both 1957 and 1984

A

Someone who would be treated such under common law and they have a sufficient degree of control over the property

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4
Q

What section of the OLA does occupier fall under

A

S1(2)

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5
Q

What case would you use for occupier in OLA 1957

A

Wheat v Lacon

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6
Q

What is a premises under OLA

A

Any fixed or moveable structure, including any vessel, vehicle or aircraftW

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7
Q

What section of OLA 1957 does premises fall

A

S1(3)(a)

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8
Q

What is the definition of a lawful visitor in OLA 1957

A

Someone who would at common law have been treated as an invitee or licensee

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9
Q

What section of OLA 1957 does the definition of lawful visitor fall under

A

S1(2)W

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10
Q

What are the 2 types of permission given to enter in OLA 1957

A

Expressed or implied

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11
Q

What are the 4 types of lawful visitors under OLA 1957

A

Invitees, licensees, contractual or statutory duty

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12
Q

What is the definition of a invitee in OLA 1957

A

Invited to enter a premises with expressed permission to be there

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13
Q

What is the definition of a licensee in OLA 1957

A

Person with expressed/ implied permission to be there for a particular time/ purpose e.g. cinema and shops

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14
Q

What is the definition of contractual visitor under OLA 1957

A

Permission to be on a premises e.g. you have a ticket to an event

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15
Q

What is the definition of statutory duty visitor under OLA 1957

A

Right to enter under statute e.g. police warrant to be there

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16
Q

What is the standard of duty under OLA 1957

A

An occupier owes a “common duty of care” to take such care as in all the circumstances is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is permitted or invited by the occupier to be there.​ The duty is to keep the visitor safe and not the premises.

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17
Q

What section of the OLA 1957 does standard of duty fall under

A

S2(2)

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18
Q

What does the OLA 1957 say about children and there awareness

A

An occupier must be prepared for children to be less careful than adults

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19
Q

What section of OLA 1957 does children fall under

A

S2(3)(a)

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20
Q

What case would you use for children in OLA 1957

A

Moloney v Lambeth

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21
Q

What can an occupier expect regarding children under OLA 1957

A

Parents will take appropriate care of young children

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22
Q

What is the doctrine or allurement in OLA 1957

A

A child will not be a trespasser if they wander on to land to investigate something that is both attractive and dangerous to children

23
Q

What case would you use for doctrine of allurement in OLA 1957

A

Jolley v Sutton

24
Q

What does OLA 1957 state about tradesmen

A

An occupier may expect that a specialist visitor will be aware of and will protect himself against risks within his own specialism.

25
Q

What section of OLA 1957 does tradesmen fall under

A

S2(3)(b)

26
Q

What case would you use for tradesmen in OLA 1957

A

Roles v Nathan

27
Q

What is exceeding permission under OLA 1957

A

If a lawful visitor exceeds the permission they have for being on the premises they may become a trespasser

28
Q

What case would you use for exceeding permission for OLA 1957

A

Calgarth

29
Q

How can an occupier discharge their duty under OLA 1957

A

If they can show that they acted as the reasonable man would in the same circumstances to keep the visitors safe

30
Q

What case would you use for discharging duty under OLA 1957

A

Tedstone v Bourne leisure

31
Q

What does S2(4) state about discharging duties

A

This can be done if reasonable warning are given whether implied or expressed as long as they are clear and explain there’s a danger

32
Q

What case would you use for reasonable warnings for discharging duty in OLA 1957

A

Woollins v British Celanese

33
Q

What are the defences available for OLA 1957

A

Independent contractors, contributory negligence, consent and excluding liability

34
Q

What is the definition of independent contractors as a defence for OLA 1957

A

Where the lawful visitor is injured due to negligent work of an independent contractor – occupier may have a defence to pass liability to independent contractor

35
Q

What section of OLA 1957 does the independent contractor defence fall

A

S2(4)(b)

36
Q

When is the occupier not liable when it was a fault created by faulty workmanship as a part of an outside contractor under OLA 1957

A

When it was reasonable to bring them in, reasonable steps were taken to ensure competence and reasonable steps taken to check work was properly done

37
Q

What case would you use for reasonable to bring them in for the defence of independent contractors for OLA 1957

A

Haseldine v Daw

38
Q

What case would you use for reasonable steps taken to ensure competence for the defence of independent contractors for OLA 1957

A

Bottomley v Todmorden cricket club

39
Q

What case would you use for reasonable steps taken to check work properly done for the defence of independent contractors for OLA 1957

A

Woodward v Mayr of Hastings

40
Q

What section of OLA 1957 does contributory negligence fall under as a defence

A

S2(3)

41
Q

What are the 2 ways when contributory negligence be used under OLA 1957

A

Cs own behaviour fell below the standard of the reasonable person and this contributed to their own loss

42
Q

What case would you use for C being partly to blame for the accident in contributory negligence in OLA 1957

A

Brannon v Airtours

43
Q

What case would you use for C contributing to their injuries in contributory negligence in OLA 1957

A

Froom v Butcher

44
Q

What section of OLA 1957 does consent fall as a defence

A

S2(5)

45
Q

What is the definition of consent under OLA 1957

A

Visitor consents to the risk of negligence on behalf of the occupier

46
Q

What case would you use for the defence of consent under OLA 1957

A

Geary v JD Weatherspoon Plc

47
Q

What section of OLA 1957 does excluding liability fall under

A

S2(1)

48
Q

What is the definition of excluding liability in OLA 1957

A

They have placed up a sign stating they do not accept responsibility if someone is hurt, and it is clearly worder and visible

49
Q

What case would you use for excluding liability as a defence under OLA 1957

A

Ashdown v Samuel Williams & sons

50
Q

What does S2(1) UTCA 1977 state about excluding liability in OLA 1957

A

Liability cannot be excluded for death or personal injury of a visitor caused by Ds negligence

51
Q

What does S2(2) state about excluding liability under OLA 1957

A

Liability for other types of loss caused by negligence can only be excluded if it is reasonable for the occupier to do so

52
Q

What does S1(3)(b) state about excluding liability under OLA 1957

A

The occupier of business premises is able to exclude liability for visitors
admitted for a recreational or educational purpose which is outside the occupier’s business

53
Q

What can a claimant claim for under OLA 1957

A

Death and personal injury

54
Q

What can a claimant claim for under S1(3) OLA 1957

A

Damage to property (including damage to the property of others) and any consequential economic loss resulting from damage to property, such as the costs of recovery.​

Law- Paper 2 section B (6 decks)

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