OLA 1957 Flashcards
Lawful visitors
- Invitees
- Licensees
- Contractual visitors
- Those with statutory right of entry
Licensees
Expressed or implied permission to be on the premises for a particular period and purpose
Examples of those with a statutory right of entry
- those with a warrant
- meter reader
- postman
1(3)(a)
premises is any fixed or moveable structure, including any vessel, vehicle or aircraft
premises is any fixed or moveable structure, including any vessel, vehicle or aircraft
1(3)(a)
Wheat 1966
- The occupier is someone with a ‘sufficient degree of control’ over the premises
- There can be more than one occupier with control
- The occupier is someone with a ‘sufficient degree of control’ over the premises
- There can be more than one occupier with control
Wheat 1966
Harris 1976
Do not have to be present to be an occupier
Do not have to be present to be an occupier
Harris 1976
Bailey v Armes 1999
Can be occupier and still not be found liable because there is not a sufficient degree of control over that part of the premises
Can be occupier and still not be found liable because there is not a sufficient degree of control over that part of the premises
Bailey v Armes 1999
Laverton v Kiapasha 2002
Not required to eliminate every possible risk
Not required to eliminate every possible risk
Laverton v Kiapasha 2002
Debell 2016
- Visible minor defects with a foreseeable risk of injury may be acceptable
- Tripping, slipping and falling are everyday occurrences
- Visible minor defects with a foreseeable risk of injury may be acceptable
- Tripping, slipping and falling are everyday occurrences
Debell 2016
S.2(3)(a)
Duty owed is subjective based on child’s age
Duty owed is subjective based on child’s age
S.2(3)(a)
Taylor 1922
- Children are vulnerable to allurements
- Must be prepared for children to be less careful than adults
- Children are vulnerable to allurements
- Must be prepared for children to be less careful than adults
Taylor 1922
S.2(3)(b)
Duty owed is subjective based on profession
Duty owed is subjective based on profession
S.2(3)(b)
There is a presumption that a professional would not be negligent due to their qualifications and experience, so would be liable for their actions
Roles v Nathan 1963
Roles v Nathan 1963
There is a presumption that a professional would not be negligent due to their qualifications and experience, so would be liable for their actions
Defences
- Independent contractor
- Volenti (consent)
- Exclusion clauses
- Warning notice
Ogwo v Taylor 1987
A duty of care could be owed to a rescuer if they are injured by something incidental to the rescue
A duty of care could be owed to a rescuer if they are injured by something incidental to the rescue
Ogwo v Taylor 1987
To transfer liability to the party most at fault, the occupier must satisfy requirements under what section?
S.2(4)(b)
S.2(4)(b)
- It must be reasonable in the circumstances to hire an independent contractor
- Check insurance competence
- Check their work to ensure that it presents no hazards
- It must be reasonable in the circumstances to hire an independent contractor
- Check insurance competence
- Check their work to ensure that it presents no hazards
S.2(4)(b)
It must be reasonable in the circumstances to hire an independent contractor
Haseldine v Daw 1941
Haseldine v Daw 1941
It must be reasonable in the circumstances to hire an independent contractor
Bottomley 2003
- Check insurance competence
- must exercise reasonable care in choosing safe and competent contractors
- Check insurance competence
- must exercise reasonable care in choosing safe and competent contractors
Bottomley 2003
Gwilliam 2002
Check work to ensure that it presents no hazards
Check work to ensure that it presents no hazards
Gwilliam 2002
Ferguson v Welsh 1987
occupier would not be liable for the unsafe work system of a subcontractor, since they could not reasonably be expected to supervise it
occupier would not be liable for the unsafe work system of a subcontractor, since they could not reasonably be expected to supervise it
Ferguson v Welsh 1987
Volenti (consent)
Lawful visitor voluntarily accepts responsibility for the risk of injury
allows the occupier to ‘restrict, modify or exclude’ their duty with a verbal or written warning
S.2(1)
S.2(1)
allows the occupier to ‘restrict, modify or exclude’ their duty with a verbal or written warning
Who cannot use S.2(1)?
Businesses
Businesses cannot use what section?
S.2(1)
Whether an exclusion clause would work against a child would depend on what?
- age
- ability to understand the clause
Whether the danger is obvious is subjective based on what?
Age
Staples 1995
No obligation to warn against obvious dangers
No obligation to warn against obvious dangers
Staples 1995
The damage done must be due to the state of the premises
Darby v National Trust 2001
Darby v National Trust 2001
The damage done must be due to the state of the premises
If the premises is extremely dangerous, the visitor should be given specific notice of the danger
Rae v Mars 1990
Rae v Mars 1990
If the premises is extremely dangerous, the visitor should be given specific notice of the danger
Taylor 2016
The warning must be clear
The warning must be clear
Taylor 2016
Lowery v Walker
There is implied permission if the occupier is aware that a person repeatedly trespasses but does nothing to stop it
There is implied permission if the occupier is aware that a person repeatedly trespasses but does nothing to stop it
Lowery v Walker
Edwards 1952
There is no implied permission if the occupier is aware that a person repeatedly trespasses but tries to stop the trespasser
There is no implied permission if the occupier is aware that a person repeatedly trespasses but tries to stop the trespasser
Edwards 1952
What is the duty of care created in the Act?
The occupier must take reasonable care to ensure that the visitor is reasonably safe
What section is the OLA 1957 duty?
S.2(2)
