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law- tort law > occupiers liability- lawful visitors > Flashcards

occupiers liability- lawful visitors Flashcards

1
Q

whats the act for OL lawful visitors

A

Occupies liability act 1957

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2
Q

what does this state

A

an occupier of premises owes a duty of care to lawful visitors

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3
Q

what are the 5 requirements

A

defendant is an occupier

 happened on premises

 claimant was a lawful visitor

 a common duty of care is owed

 there are exceptions

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4
Q

who are the potential defendants

A

occupiers or tenants

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5
Q

what 3 cases give definitions for what an occupier is

A

Wheat v E. Lacon & Co. Ltd 1966
Harris v Birkenhead Corporation 1976
Bailey v Armes 1999

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6
Q

what requirement is these under

A

defendant is an occupier

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7
Q

whats the rule that comes from wheat

A

more than 1 person can be an occupier

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8
Q

whats the rule that comes from harris

A

don’t need to be physically occupying to be responsible- those who have control over property

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9
Q

whats the rule that comes from bailey

A

occupier can be no one

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10
Q

what section of the OLA gives a list of what can be included as a premises

A

s.1(3) Occupiers Liability Act 195

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11
Q

what does it say can be included

A

any fixed or moveable structure, including a vessel, vehicle or aircraft

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12
Q

what does this then also include

A

Houses, offices, building, scaffolding, land, ship in a dock, a lift in a building, a ladder

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13
Q

what case gave us the things from flashcard 12

A

(wheeler v copas 1981)

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14
Q

So for a scenario question on Occupier’s Liability, we first ask:

Is D an occupier-> did the incident happen on Ds ‘premises’-> is C a lawful visitor or trespasser

Then follow the different rules depending on whether Claimant was on the premises lawfully or not

A

not a flashcard dawgy

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15
Q

who are lawful visitors (4)

A

invitees
licenses
statutory right
 contractual permission

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16
Q

what case confirmed that there is no longer an implied license at common law where a person is repeatedly allowed to trespass without being stopped

A

Lowery v Walker (1911)

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17
Q

invitees meaning

A

person who have been invited to enter and have express permission to be there such as customers in a shop

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18
Q

what section of OLA 1957 is this

A

s.1(2)

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19
Q

license meaning

A

persons who may have express or implied permission to be on the land from a particular period

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20
Q

what section of OLA 1957 is this

A

s.1(2)

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21
Q

statutory right meaning

A

those with statutory right to enter such as meter readers or police officers exercising a warrant

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22
Q

what section of OLA 1957 is this

A

s.2 (6)

23
Q

contractual permission meaning (an e.g)

A

for example, a person who has brought an entry ticket for an event

24
Q

what section of OLA 1957 is this

A

s.1(5)

25
Q

what section of OLA 1957 is a common duty of care is owed under

A

s.2

26
Q

what is the definition of this

A

an occupier should take such care that is reasonable to keep the visitor reasonably safe

27
Q

whats a case to back this

A

Laverton v Kiapasha Takeaway Supreme 2002

28
Q

what does this case also state

A

common duty of care imposes a duty on the occupier to keep the visitor reasonably safe, not necessarily to maintain completely safe premises

29
Q

how does this protect defendants

A

Protects defendants from not having to pay out of claimants silly mistakes

30
Q

who are the exceptions

A

children
tradesperson
tradespeople and rescuers
independent contractors

31
Q

would these people be the claimants or defendants

A

claimants

32
Q

what section of OLA 57 state the rule about children

A

s.2 (3) (a)

33
Q

what does this state

A

occupiers should be prepared for children to be less careful than adults, especially with ‘allurements’ (appealing e.g a zoo)

34
Q

what are 3 cases that suggest rules for this

idk why the first one highlighted g, anyways your doing good carry on!!! love you and me xx

A

Glasgow Corporation v Taylor 1922
Phipps v Rochester Corporation 1955
Jolley v Sutton London Borough Council 2000

35
Q

Glasgow Corporation v Taylor 1922 rule

A

Should be careful protect children

36
Q

Phipps v Rochester Corporation 1955
rule

A

Parents should watch out for children

37
Q

Jolley v Sutton London Borough Council 2000 rule

A

foreseeable as an allurement then D must protect against it

38
Q

what section of OLA 57 state the rule about independant contractors

A

s.2(4) OLA 1957

39
Q

what does this state

A

states that the occupier owes a common duty of care to visitors, but if a visitor is injured due to the negligence of work done on that land by an independent contractor, the occupier will not be liable as long as

40
Q

as long as what 3 things

A

It was reasonable to give the work to that contractor (e.g. complicated work needs a specialist)

The contractor must be competent to do the work (e.g. has references/reviews/insurance)

The occupier must check the work has been properly done – and could require an architect or surveyor if it is complicated work

41
Q

It was reasonable to give the work to that contractor (e.g. complicated work needs a specialist) case

A

Haseldine v Daw &Son Ltd 1941

42
Q

The contractor must be competent to do the work (e.g. has references/reviews/insurance) case

A

Bottomley v Todmorden Cricket Club 2003

43
Q

The occupier must check the work has been properly done – and could require an architect or surveyor if it is complicated work case

A

Woodward v Mayor of Hastings 1945

44
Q

what are the 4 defenses that can be used

A

contributary negligence
consent
warning signs
exclusion clauses

45
Q

what part of OLA tells us warning can be ineffective if…

A

s.2(4) OLA 1957

46
Q

what does this state

A

If D has warned visitors of potential dangers then this will act as a complete defence to a claim of occupiers’ liability

47
Q

what does s.2(5) OLA 1957 state

A

There is also no need to warn people against a risk which is obvious

48
Q

what case backs s.2(4) OLA 1957

A

Rae 1990

49
Q

what case backs s.2(5) OLA 1957 state

A

Staples 1995

50
Q

what’s an exclusion clause

A

allows an occupier to limit their liability

51
Q

so soz this in a shit order but whats the section for tradespeople/ rescuers

A

s.2(3)(b)

52
Q

what does this state

A

occupiers can expect tradesman to be aware of the ordinary risks involved in their work

53
Q

case for dis von

A

Roles v Nathan

law- tort law (15 decks)

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