Occupiers Liability Act 1957

Question 1

Types of lawful visitors

Answer 1

1. adults
2. children
3. tradesman
4. independent contractors

Question 2

adults

Answer 2

s2.2, occupier must keep visitors reasonable safe in using the premises for the purpose they were invited in for

Question 3

rochester cathedral v debell

Answer 3

c claimed he tripped over a piece of concrete which stuck out from a bottom of a bollard

Question 4

children

Answer 4

s2.3, occupier much be prepared for children to be less careful than adults and that the premises must be reasonable safe for a child of that age

Question 5

Glasgow corp v Taylor

Answer 5

7 year old ate poisionous berries in park, council knew about the berries and so was liable

Question 6

trademan

Answer 6

s2.3, a duty is owed if the tradesmen coming onto property, however the professional should “appreciate and guard against any special risks to their trade”

Question 7

roles v nathan

Answer 7

two chimney sweeps died after inhaling carbon monoxide, warned of danger so occupier were not liable

Question 8

independent contractors

Answer 8

s2.4 if a visitor is injured by a contractors faulty work liability can be passed to the contractor

Question 9

defences

Answer 9

• warning notices

- exclusion notices

Question 10

warning notices

Answer 10

to be effective the notice must be enough to enable the visitor to be reasonably safe

Question 11

exclusion clauses

Answer 11

the occupier is able to restrict, modify or exclude his duty by agreement or otherwise