OLA 1957

Question 1

OLA 1957

Answer 1

Liability to LAWFUL visitors

Question 2

s2(1) states the occupier of a premises owes a common duty of car to visitors. How do you define the 3?

Answer 2

OCCUPIER - a person who has some degree of control over the precession in question - WHEAT V LACON

PREMISES - s1(3)(a) states a fixed or moveable structure including any vessel, vehicle, or aircraft.

VISITOR - anyone who is INVITED or PERMITTED to be on the land.

Question 3

Under s2(2) define a common duty of care

Answer 3

“A dduty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using th premises for the purposes for which he is invited or permitted to be there”

This only applies if the injury is due to the state of the premises and not the activities of the visitor. DARBY V NATIONAL TRUST

Question 4

THE CALGARTH - Lord Scrutton quote

Answer 4

“When you invite a person into your house to use the stairs, you do not expect them to slide down the bannisters.”