Occupiers Liabilty 1957

Question 1

What is Occupier liability 1957?

Answer 1

Protects visitor from dangerous premises

Question 2

What are the Two test?

Answer 2

Test 1 show occupier has a “sufficient degree of control over the premises”. In Wheat v Lacon (1966),

Test 2 Lawful visitor has Expressed permission or implied permission

Question 3

What is Expressed permission?

Answer 3

Those who have been invited by occupier to enter premise

Question 4

What is Implied permission?

Answer 4

A)Repeat Visitor-(Lowery b Walker)
B)Entry in order to communicate
C) Statutory powers of entry- includes postman,policeman
D) Allurement-child will be lawful visitor if he enters land which see something dangerous and attractive

Question 5

Duty of Care?

Answer 5

-“common DOC” to keep visitor reasonably safe so they can carry out their activity on premises e.g. warning signs