Occupiers Liability (B)

Question 1

What are premises?

Answer 1

s1(3): “… any fixed or moveable structure, including any vessel, vehicle or aircraft…”

Question 2

What is an occupier?

Answer 2

s1(1): “person occupying or having control of land or other premises”.
- Gallagher v Kleinwort Benson (Trustees) Ltd A90/01 (paras 116-124).
- Dawson v Page [2012] CSOH 33 (paras 24-34) states that physical occupancy is not necessary.

Question 3

What is the standard of care in occupier’s liability?

Answer 3

s2(1): “The care which an occupier of premises is required… to show towards a person entering thereon in respect of danger which are due to the state of the premises or to anything done or omitted to be done on them… be such care as in all the circumstances of the case is reasonable to see that the person will not suffer injury or damage by reason of any such danger.”
- M’Glone v British Railways Board, 1966 SC (HL) 1 at 15 states that the duty is to take care, not to ensure no injury.

Question 4

Nuisance.

Answer 4

The invasion of one or both of these distinct interests:
- the use and enjoyment of private land.
- an interest of a member or members of the public in the use and enjoyment of public places.

Question 5

What is the relevant Act in occupiers liability cases?

Answer 5

Occupiers Liability (Scotland) Act 1960.

Question 6

What is important to note about the 1960 Act?

Answer 6

One can only sue under the Act if the offence occurs ON the property itself, not outside or near it.