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Law, Unit 2 Sec B > Occupiers' Liability - Lawful Visitors > Flashcards

Occupiers' Liability - Lawful Visitors Flashcards

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1
Q

Which OLA act governs lawful visitors?

A

OLA 1957

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2
Q

Name the stages of the OLA 1957 test

A
  • D must be an occupier
  • The event must have happened on premises
  • C must be a lawful visitor
  • Type of duty of care owed
  • Specific defences
  • General defences
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3
Q

Which authority says that the D is an O?

A

S1(2) OLA 1957

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4
Q

What info does Wheat v Lacon provide?

A
  • There can be more than one occupier
  • An occupier is someone with a sufficient degree of control over the premises
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5
Q

What info does Harris v Birkenhead Corporation provide?

A

An occupier doesn’t have to have proprietary interest in the property

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6
Q

What info does Bailey v Armes provide?

A

It is possible for no one to have control over the premises

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7
Q

Which authority defines a premises?

A

S1(3)(a) OLA 1957

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8
Q

What is the meaning of premises?

A

A fixed or moveable structure, including any vessel, vehicle and aircraft

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9
Q

Name the wider range of structures included in premises

A

Ships in dry dock - London Graving Dock
Vehicles - Hartwell v Grayson
Lifts - Haseldine
Ladders - Wheeler v Copas

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10
Q

Which authority governs lawful visitors?

A

S1(2) OLA 1957

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11
Q

What are the examples of lawful visitors?

A
  • invited people
  • licensees (implied permission)
  • someone with a contractual agreement
  • someone with legal rights (metre readings)
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12
Q

What info does Lowery v Walker provide?

A

A trespasser can become a lawful visitor with expressed permission of the O is aware of their trespassing and fails to do something about it

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13
Q

What info does The Calgarth provide?

A

When a lawful visitor exceeds their permission, they become a trespasser

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14
Q

What is the duty of an occupier under S2(2)?

A

To take reasonable care to keep visitors reasonably safe

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15
Q

What info does Kiapasha provide?

A

There is no obligation to make the visitors completely safe

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15
Q

What does S2(3)(a) OLA 1957 provide?

A

The duty of care required for a child is not the same as an adult, an O will be expected to apply a higher duty of care for a child

16
Q

What info does Glasgow provide?

A

If an allurement exists, there will be no liability on the O if the harm caused was unforeseeable

17
Q

What info does Phipps v Rochester provide?

A

If it is expected that a young child would be in the care of an adult, the O will not be held liable if injury occurs

18
Q

What does S2(3)(b) OLA 1957 govern?

A

A professional person will be unable to claim against the O for harm suffered on their premises if the harm was linked to their line of work

19
Q

What info does Roles v Nathan provide?

A

Professionals should be aware of the danger in their roles

20
Q

What info does Ogwo v Taylor provide?

A

An O will be held liable for harm caused to a rescuer, as long as they were acting accordingly to the rescue and the harm suffered was related to why the rescue was needed

21
Q

Which authority governs the defence against independent contractors?

A

S2(4)(b) OLA 1957

22
Q

What is the first test of the IC defence?

A

It was reasonable for the occupier to get the independent contractor to carry out the work
(Haseldine v Daw)

23
Q

What is the second test of the IC defence?

A

The contractor must be competent to carry out the work
(Bottomley)

24
Q

What is the third test for the IC defence?

A

The occupier must check the work has been completed properly
(Woodward)

25
Q

Which authority governs warning signs?

A

S2(4)(a) OLA 1957

26
Q

When will a warning sign be effective?

A

If it was enough to keep the visitor reasonably safe in all the circumstances

27
Q

What info does Rae v Mars provide?

A

If the premises are extremely dangerous, the visitor should be given specific notice of the danger

28
Q

What info does Darby v National trust provide?

A

If there is an obvious danger, a notice sign is not required

29
Q

What info does S65 Consumer Rights Act 2005 provide?

A

A trader cannot restrict liability in relation to personal injury or death, if it resulted due to negligence

Law, Unit 2 Sec B (5 decks)

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