Occupiers liability evaluation

Question 1

Key terms A01

Answer 1

Statue common duty of care
Premises
Lawful visitors
Occupier

Question 2

Occupier case

Answer 2

Harris
Wheat

Question 3

Key terms A03

Answer 3

Occupier left for law to define.

Question 4

Key terms A03 however

Answer 4

Lawful visitor defined
use everyday language
wide def of premises

Question 5

OLA 1957 1 extent of duty owed A01

Answer 5

Occupier should take reasonable steps to ensure visitors safety but doesn’t have to make visitor completley safe
Liable for personal injury and property damage
Objective standard.

Question 6

OLA 1957 1 extent of duty owed A01 case

Answer 6

Debell

Question 7

OLA 1957 1 extent of duty owed A03

Answer 7

Inconsistent between acts
subjective test not usual
May be unfair O owes duty despite carelessness.

Question 8

OLA 1957 2 Lawful child visitors A01

Answer 8

Higher level of care owed as children less careful
Age of child is important
Must protect from Allurement

Question 9

Allurement cases

Answer 9

Glasgow
Phipps
Jolley

Question 10

OLA 1957 2 Lawful child visitors A03

Answer 10

Guard against allurements not defined and inconsistent
Judges given flexibility
Unclear when parents loose responsibility as no age set.

Question 11

OLA 1957 2 Lawful child visitors A03 However

Answer 11

Higher level of duty to most responsible
warning assist people to know obvious dangers and make O less liable.

Question 12

OLA 1957 3 Tradesmen A01

Answer 12

Expected to know risks occupier not at fault if reasonable to give work to contractor
occupier made sure contractor was competent
Occupier sure contractor would do work properly

Question 13

Contractor competant case

Answer 13

Bottomley

Question 14

Contractor done work properly case

Answer 14

Woodward

Question 15

OLA 1957 3 Tradesmen A03

Answer 15

D has to check Insurance details and the work of each contractor
D may not be an expert.

Question 16

OLA 1957 3 Tradesmen A03 however

Answer 16

Forms defence for D as D not expected to know about unsafe system of work
V may still be able to claim against contractor if D not liable.

Question 17

OLA 1984 1 Extent of duty owed A01

Answer 17

Tested subjectively
occupier only owes duty if aware of danger
Knows or believes C may come to danger
Only covers damage to property
No additional duty to children

Question 18

Aware of danger case

Answer 18

Rhinds

Question 19

No additional duty

Answer 19

Keowe

Question 20

OLA 1984 1 Extent of duty owed A03

Answer 20

Why should D pay for unlawful trespassing,
Judges recieve hate
D try and defend and can’t

Question 21

Try and cant defend case

Answer 21

Revill

Question 22

OLA 1984 1 Extent of duty owed A03 however

Answer 22

Everyone injured through breach able to claim compensation
V may get onto land without trespassing
Under old law no compensation

Question 23

OLA 1984 2 Limitations on Liability A01

Answer 23

Occupier not liable if danger was obvious
Unexpected time of day or year
not expected to spend lots of money
Warning depend on age and understanding
Warning ignored may be consented

Question 24

OLA 1984 2 Limitations on Liability A01 cases

Answer 24

Rhind
Folkestone
Tomlinson
Westwood
Ratcliffe

Question 25

OLA 1984 2 Limitations on Liability A03

Answer 25

Compensation awarded more limited to trespassers which is confusing
Expects some protection

Question 26

OLA 1984 2 Limitations on Liability A03 However

Answer 26

Stops floodgates
requires actual knowledge of danger
no duty owed for obvious danger

Question 27

OLA 1984 3 Fault Based Liability A01

Answer 27

Like negligence in order to impose liability, claimant has to prove fault.

Question 28

OLA 1984 3 Fault Based Liability A03

Answer 28

Makes O take responsibility, e.g. Put up signs
1984 act based on common humanity

Question 29

Reforms

Answer 29

Introduce no fault liability so injured V can claim compensation.
Compulsory insurance Schemes paid for on all property insurance policies
Impose personal responsibility

Question 30

Impose personal responsibility case

Answer 30

(Dean+ Rochester)