OLA Flashcards
1957 and 1984
what is the section number where the term ‘ocupier’ is defined?
S.1 (2) - not defined but stated touse common law of ‘someone with some degree of control over the land’
what is the section number where the term ‘Premise’ is defined?
S.1(3) -not defined but in that section states that it is a ‘fixed or moveable structure that includes vessels, vehicles and aircraft’
What case shows that implied permission is where the court has decided that the visitor had permission to be there?
Lowery v Walker
What case shows that a person who is excercising a right of way is not covered under the 1957 act?
McGeown v Nothern Ireland Housing Executive.
What section of the 1957 act states that an occupier owes common duty of care to visitors?
S.2 (1)
What is the definition of common duty of care?
‘the duty to take such care as in all circumstances of the case. is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there’
What section of the 1957 Act states that the occupier must be ‘prepared for children to be less careful than adults?’
S.2(3)(a)
What case shows that courts accept that children will be more likely to follow allurements?
Glasgow Corporations v Taylor
What section of the 1957 act deals with people exercising a call?
S.2 (3)(b)
What section of the 1957 act deal with independant contractors?
S.2(4)(b)
What case shows that people exercising a calling must take precautions and reasonable measures to avoid risks associated with the task they are completeing?
Roles v. Nathan
What case shows the general rule that occupiers aren’tliable for faulty work done by an independant contractor?
Haseldine v Daw
What section number and case of the 1957 act deals with the defence of warnings?
S.2(4)(a) and Darby v National Trust
