occupiers liablity 1957 Flashcards
what does the OLA1957 cover
the duty of cared owed to thoes with permission to be there
what things can c claim for
personal injury
property
what can c not claim for
ecnomic loss
what is an occupier
common law-person in controll of the premisis
what is liablity
legal fault
give cases showing occupiers and liablity
wheat v lancon
harris v birkenhead
bailey v armes
what section defines premisis
s1(3)
what section says about damage
s1(3)
how is premisis defined
includes land, buildings and ‘any fixed or movable structure, including any vessel, vehicle or aircraft’
what are the types of visitor
invitee
licensee
contractual
statutory right to enter
what is an invitee
People who have been invited to enter and have express permission to be there.
what is a licencee
People who have permission to be on the land for a certain period of time.
what is a contractual visitor
Those people who have a contract that allows them to enter, for example, people with a ticket to an event or a venue such as a museum.
what is a statutory right to enter
This would include meter readers and police constables exercising a warrant. They are given a right of entry by an Act of Parliament
what section states how adult visitors should be cared for
s2(2)
how are adults described to be cared for
‘take such care as in all the circumstances is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which he is invited…to be there’.
to what extend to adults need to be cared for
a reasonable extent
what cases show adult visitors
laverton
debell
cole
what section describes care for children
s2(3)
how should children be cared for
‘must be prepared for children to be less careful than adults and as a result, the premises must be reasonably safe for a child of that age’
what must occupiers guard against in relation to children
allurements
what cases show care for children
taylor
phipps
jolley
what is diffrent about ‘little children’
they should be looked over by a parent
what section describes the diffrence for professionals
s2(3)(b)
what is diffrent for profesionals
An occupier can expect a professional to appreciate and to guard against any particular danger arising out of the nature of the work to be done.
give a case about profesionals
roles v nathan
what section covers independant contractors
s2(4)
what 3 things are said about independant contractors
It must be reasonable for occupier to give work to contractor.
occupier must take reasonable steps to ensure the contractor is competent
occupier must check that the work has been properly done.
give a case for independant contractors
bottomley
what are the 4 defences
contributory negligence
concent
warning notices
exclusion clauses
what is contributory negligence
The visitor’s damages can be reduced when they were partly to blame for the accident.
give a case for contributory negligence
sayers v harlow udc
what is concent also known as
volenti
what is concent
It is a complete defence if the visitor has agreed to run the risk of injury on the occupier’s premises.
what must c accept for concent to be valid
The visitor must have been fully aware of the risk and agreed to accept it voluntarily.
what are warning notices
signs
what section says about signs
s2(4)
what is said about signs
‘Will be ineffective unless ‘in all the circumstances it was enough to enable the visitor to be reasonably safe’
what section says about exclusion clauses
s2(1)
what is said about exclusion clauses
enables an occupier to ‘restrict, modify or exclude his duty by agreement or otherwise’.
who do exclusion clauses not apply to
businesses
