Occupiers Liability Act 1957 Flashcards
Definition of occupiers liability act 1957
Provided a statutory duty on the occupier towards lawful visitors in respect of dangers due to the state of the premises or things done/omitted to be done on the premises
What is a lawful visitor
- lawful adult visitors are invitees, licensees, those with contractual permission and those with a statutory right of entry
What can lawful visitors include:
- invitee’s - s1(2) - invited onto land, expressed permission to be there
- licensees - S1(2) - those with expressed/implied permission to be there
- those who enter pursuant to a contract S5(1) - E.g - paying visitors to see a film
- those exercising statutory right S2(6) - reading gas meter
- implied license at common law - repeated trespass, nothing done to prevent (lowery v walker)
What is an ‘occupier’ in OLA 57
- S1(2) - anyone with occupational control, does not have to own (wheat v Lacon)
What is the duty of care owed
- S2 OLA 1957 - imposes a common duty of care to lawful visitors:
- reasonable care must be taken to see the visitor will be REASONABLY SAFE
What is breach of duty
Failure to reach the required standard of care
- the occupier may have breached their duty in failing to reach the standard of care of the ‘reasonable occupier’
How do you discuss whether there has been a breach of duty in a case
- P - public benefit
- A - appropriate cautions ( was it easy to prevent danger?)
- S - Size of risk/danger
- E - even if above satisfied, discus probability - was danger likely to occur
Variations in the standard of care for children
- S2(2) + S2(3)(a)) - occupier must be ‘prepared for children to be less careful than adults (and as a result) the premises must be reasonably safe for a child of that age’
- jolley v Sutton - what may not pose a threat to an adult may be very dangerous to a child
Variations in the standard of care for experts
- S2(2) + s2(3)(b) - occupier may expect a person in the exercise of his calling will appreciate and guard against any special risk ordinarily incident to it
Define a contractor
- someone who works or provides a service for a company for a limited period of time, but is not an employee
What 3 things must the occupier prove for torts of independent contractors
- must have been reasonable for the occupier to have entrusted the work to the independent contractor
- contractor must be competent to carry out the task
- if possible, occupier must inspect the work (Woodward v the mayor of Hastings)
Outline contributory negligence as a partial defence to an OLA claim under the 1957 act
- contributory negligence - claimant is partly responsible for their injuries. It must be proven that C acted unreasonably
. if successful, damages reduced according to the law reform act 1945
Outline consent (volenti) as a partial defence to an OLA claim under the 1957 act
- set out in S1(6) of OLA 1957
- claimant accepts voluntary risk of harm if they had knowledge of the risk, free choice and voluntarily accepted it
- stermer v Lawson
Outline warning notices as a complete defence to an OLA claim under the 1957 act
- warning can be oral or written
- must enable ‘the visitor to be reasonably safe’ (s2)4)) of the 1957 act
- Rae v Marrs LTD
