Occupiers liability evaluation Flashcards
Key terms A01
Statue common duty of care
Premises
Lawful visitors
Occupier
Occupier case
Harris
Wheat
Key terms A03
Occupier left for law to define.
Key terms A03 however
Lawful visitor defined
use everyday language
wide def of premises
OLA 1957 1 extent of duty owed A01
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.
OLA 1957 1 extent of duty owed A01 case
Debell
OLA 1957 1 extent of duty owed A03
Inconsistent between acts
subjective test not usual
May be unfair O owes duty despite carelessness.
OLA 1957 2 Lawful child visitors A01
Higher level of care owed as children less careful
Age of child is important
Must protect from Allurement
Allurement cases
Glasgow
Phipps
Jolley
OLA 1957 2 Lawful child visitors A03
Guard against allurements not defined and inconsistent
Judges given flexibility
Unclear when parents loose responsibility as no age set.
OLA 1957 2 Lawful child visitors A03 However
Higher level of duty to most responsible
warning assist people to know obvious dangers and make O less liable.
OLA 1957 3 Tradesmen A01
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
Contractor competant case
Bottomley
Contractor done work properly case
Woodward
OLA 1957 3 Tradesmen A03
D has to check Insurance details and the work of each contractor
D may not be an expert.
OLA 1957 3 Tradesmen A03 however
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.
OLA 1984 1 Extent of duty owed A01
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
Aware of danger case
Rhinds
No additional duty
Keowe
OLA 1984 1 Extent of duty owed A03
Why should D pay for unlawful trespassing,
Judges recieve hate
D try and defend and can’t
Try and cant defend case
Revill
OLA 1984 1 Extent of duty owed A03 however
Everyone injured through breach able to claim compensation
V may get onto land without trespassing
Under old law no compensation
OLA 1984 2 Limitations on Liability A01
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
OLA 1984 2 Limitations on Liability A01 cases
Rhind
Folkestone
Tomlinson
Westwood
Ratcliffe
OLA 1984 2 Limitations on Liability A03
Compensation awarded more limited to trespassers which is confusing
Expects some protection
OLA 1984 2 Limitations on Liability A03 However
Stops floodgates
requires actual knowledge of danger
no duty owed for obvious danger
OLA 1984 3 Fault Based Liability A01
Like negligence in order to impose liability, claimant has to prove fault.
OLA 1984 3 Fault Based Liability A03
Makes O take responsibility, e.g. Put up signs
1984 act based on common humanity
Reforms
Introduce no fault liability so injured V can claim compensation.
Compulsory insurance Schemes paid for on all property insurance policies
Impose personal responsibility
Impose personal responsibility case
(Dean+ Rochester)
