Occupiers Liability Act 1957

Question 1

Occupiers Liability Act 1957

Answer 1

Deals with lawful visitors on a premises.

Question 2

Occupiers Liability Act 1984

Answer 2

Deals with trespassers on a premises.

Question 3

Duty and Breach

Answer 3

1. What is the scope of the 1957 Act?
2. Who owes a duty under the Act?
3. To whom is the duty owed?
4. What is the nature of the duty?
5. What are the special rules for:
   children, professional visitors, skilled workers?

Question 4

S1(1) Occupiers Liability Act 1957

Answer 4

“The rules enacted by the two next following sections shall have effect, in place of the rules of the common law, to regulate the duty which an occupier of premises owes to his visitors in respect of dangers due to the state of the premises or to things done or omitted to be done on them.”

Question 5

Juj v John Lewis Partnership Plc [2022]

Answer 5

“true accident’

Question 6

S1(3)(a)

Answer 6

The obligations of a person occupying or having control over any fixed or moveable structure, including any vessel, vehicle or aircraft.

Question 7

Extending the definition of a premises cases:

Answer 7

Haseldine v Dow [1941]
Wheeler v Copas [1981]
Bunkers v Charles Brand [1969]

Question 8

S1(2) Occupiers Liability Act 1957

Answer 8

“…the persons who are to be treated as an occupier and as his visitors are the same (subject to subsection (4) of this section) as the persons who would at common law be treated as an occupier and as his invitees or licensees.”

Question 9

Wheat v E Lacon [1966]

Answer 9

• How wide can the category of an occupier be?
• An element of control over the premises.

Question 10

Harris v Birkenhead Corp [1976]

Answer 10

• Actual physical occupation

Question 11

Lawful visitors: Express permission: Case

Answer 11

The Carlgarth [1927]
“when you invite a person into your house to use the staircase, you do not invite him to slide down the bannister”

Question 12

Lawful visitors: Implied permission: Case

Answer 12

Lowrey v Walker [1911]

Question 13

S2(2) Occupiers Liability Act 1957

Answer 13

“The common duty of care is a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there.”

Question 13

Aston v City of Liverpool YMCA [2023]

Answer 13

“a diligent attitude to health and safety”

Question 14

S2(3) Occupiers Liability Act 1957

Answer 14

“an occupier must be prepared for children to be less careful than adults…”

Question 15

Taylor v Glasgow Corporation [1922]

Answer 15

The doctrine of Allurements. Things on the premises that may attract a child.

Question 16

Phipps v Rochester Corporation [1955]

Answer 16

“The occupier is not entitled to assume that
all children will, unless they are allured, behave
like adults; but he is entitled to assume that
normally little children will be accompanied
by a responsible person.” (Delvin J)

Question 17

Section2(3)(b) Occupiers Liability Act 1957

Answer 17

“an occupier may expect that a person, in the exercise of his calling, will appreciate and guard against any special risks ordinarily incident to it, so far as the occupier leaves him free to do so.”

Question 18

Section2(4)(b) Occupiers Liability Act 1957

Answer 18

“where damage is caused to a visitor by a danger due to the faulty execution of any work of construction, maintenance or repair by an independent contractor employed by the occupier, the occupier is not to be treated without more as answerable for the danger if in all the circumstances he had acted reasonably in entrusting the work to an independent contractor and had taken such steps (if any) as he reasonably ought in order to satisfy himself that the contractor was competent and that the work had been properly done.”

IMF International Ltd v Magnet Bowling Ltd

Question 18

Roles v Nathan [1963]

Answer 18

The householder is not bound to watch over them to see that they come to no harm.

Question 19

Damage: S1(3)(b) Occupiers Liability Act 1957

Answer 19

“the obligations of a person occupying or having control over any premises or structure in respect of damage to property, including the property of persons who are not themselves his visitors.”

Question 20

Remoteness: case

Answer 20

Jolly v Sutten London borough Council [2000]

Question 21

Defences, Warning signs: S2(4)(a) Occupiers Liability Act 1957

Answer 21

“where damage is caused to a visitor by a danger of which he had been warned by the occupier, the warning is not to be treated without more as absolving the occupier from liability, unless in all the circumstances it was enough to enable the visitor to be reasonably safe…”

Unfair contract Terms Act [1977], Section 2(1)

Darby v National Trust [2001]

Question 22

Defences, Violenti non-fit iniura: S2(5) Occupiers Liability Act 1957

Answer 22

“The common duty of care does not impose on an occupier any obligation to a visitor in respect of risks willingly accepted as his by the visitor.”

Clare v Perry [2005]

Question 23

Defences, Contributory negligence: Civil Liability (contributory negligence) Act 1945. S1(1)

Answer 23

“Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons…the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant’s share in the responsibility for the damage…”

English Heritage v Taylor (2016)