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law paper 2 section b > occupiers liablity 1957 > Flashcards

occupiers liablity 1957 Flashcards

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1
Q

what does the OLA1957 cover

A

the duty of cared owed to thoes with permission to be there

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2
Q

what things can c claim for

A

personal injury
property

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3
Q

what can c not claim for

A

ecnomic loss

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4
Q

what is an occupier

A

common law-person in controll of the premisis

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5
Q

what is liablity

A

legal fault

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6
Q

give cases showing occupiers and liablity

A

wheat v lancon
harris v birkenhead
bailey v armes

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7
Q

what section defines premisis

A

s1(3)

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8
Q

what section says about damage

A

s1(3)

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9
Q

how is premisis defined

A

includes land, buildings and ‘any fixed or movable structure, including any vessel, vehicle or aircraft’

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10
Q

what are the types of visitor

A

invitee
licensee
contractual
statutory right to enter

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11
Q

what is an invitee

A

People who have been invited to enter and have express permission to be there.

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12
Q

what is a licencee

A

People who have permission to be on the land for a certain period of time.

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13
Q

what is a contractual visitor

A

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.

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14
Q

what is a statutory right to enter

A

This would include meter readers and police constables exercising a warrant. They are given a right of entry by an Act of Parliament

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15
Q

what section states how adult visitors should be cared for

A

s2(2)

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16
Q

how are adults described to be cared for

A

‘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’.

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17
Q

to what extend to adults need to be cared for

A

a reasonable extent

18
Q

what cases show adult visitors

A

laverton
debell
cole

19
Q

what section describes care for children

A

s2(3)

20
Q

how should children be cared for

A

‘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’

21
Q

what must occupiers guard against in relation to children

A

allurements

22
Q

what cases show care for children

A

taylor
phipps
jolley

23
Q

what is diffrent about ‘little children’

A

they should be looked over by a parent

24
Q

what section describes the diffrence for professionals

A

s2(3)(b)

25
Q

what is diffrent for profesionals

A

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.

26
Q

give a case about profesionals

A

roles v nathan

27
Q

what section covers independant contractors

A

s2(4)

28
Q

what 3 things are said about independant contractors

A

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.

29
Q

give a case for independant contractors

A

bottomley

30
Q

what are the 4 defences

A

contributory negligence
concent
warning notices
exclusion clauses

31
Q

what is contributory negligence

A

The visitor’s damages can be reduced when they were partly to blame for the accident.

32
Q

give a case for contributory negligence

A

sayers v harlow udc

33
Q

what is concent also known as

A

volenti

34
Q

what is concent

A

It is a complete defence if the visitor has agreed to run the risk of injury on the occupier’s premises.

35
Q

what must c accept for concent to be valid

A

The visitor must have been fully aware of the risk and agreed to accept it voluntarily.

36
Q

what are warning notices

A

signs

37
Q

what section says about signs

A

s2(4)

38
Q

what is said about signs

A

‘Will be ineffective unless ‘in all the circumstances it was enough to enable the visitor to be reasonably safe’

39
Q

what section says about exclusion clauses

A

s2(1)

40
Q

what is said about exclusion clauses

A

enables an occupier to ‘restrict, modify or exclude his duty by agreement or otherwise’.

41
Q

who do exclusion clauses not apply to

A

businesses

law paper 2 section b (11 decks)

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