OLA 1957

Question 1

What defines an “occupier”?

Answer 1

Wheat v Lacon: An occupier is someone who controls the premises.

Question 2

Who does the occupier owe a duty of care to?

Answer 2

Lawful visitors as well as trespassers.

Question 3

Occupier’s Liability Act 1957

Answer 3

Statute for duty of care for lawful visitors.

Question 4

Occupier’s Liability Act 1984

Answer 4

Statute of duty of care for trespassers.

Question 5

What defines “premises”?

Answer 5

S.3(1)(a) Occupiers’ Liability Act 1957: Premises is ‘any fixed or moveable structure, including any
vessel, vehicle and aircraft’

Question 6

s.2(2) OLA 1957

Answer 6

Occupiers owe a common duty of care to all visitors to “see that the visitor will be reasonably safe”. (The Calgarth)

Question 7

Name the section

Occupiers owe a common duty of care to all visitors to “see that the visitor will be reasonably safe”.

Answer 7

s.2(2) OLA 1957, The Calgarth

Question 8

Laverton v Kipasha Takeaway Supreme

Answer 8

The occupier is only required to take reasonable precautions to keep premises safe.

Question 9

The occupier is only required to take reasonable precautions to keep premises safe.

Answer 9

Laverton v Kipasha Takeaway Supreme

Question 10

s.2(3) OLA 1957

Answer 10

Occupiers additionally owe children a duty of care, ensuring the premises are “reasonably safe of a child that age”.

Question 11

Glasgow Corporation v Taylor

Answer 11

Must protect children from allurements

Question 12

Occupiers additionally owe children a duty of care, ensuring the premises are “reasonably safe of a child that age”.

Answer 12

s.2(3) OLA 1957

Question 13

Must protect children from allurements

Answer 13

Glasgow Corporation v Taylor

Question 14

s.2(3)(b) OLA 1957

Answer 14

Defence: Occupiers do not owe tradesmen a duty of care for risks in their line of work the tradesman should have known about (Roles v Nathan).

Question 15

Roles v Nathan

Answer 15

s.2(3)(b) OLA 1957: Occupiers do not owe a duty of care if a tradesman encounters a risk in their line of work.

Question 16

Occupiers do not owe tradesmen a duty of care for risks in their line of work the tradesman should have known about .

Answer 16

OLA 1957 s.2(3)(b), Roles v Nathan

Question 17

s.2(4) OLA 1957

Answer 17

If a tradesman completes negligent work, the occupier may pass the claim to the tradesman.

Question 18

Breach under OLA 1957

Answer 18

Duty is breached if the claimant was not kept reasonably safe.

Question 19

Defences to OLA 1957

Answer 19

Consent
Contributory Negligence
Warning notices

Question 20

Consent defence section

Answer 20

s.2(5) OLA 1957

Question 21

Warning notices defence

Answer 21

Ineffective unless ‘in all circumstances it was reasonably enough to keep the visitor safe’

s.2(4) OLA 1957

Question 22

s.2(4) OLA 1957

Answer 22

Warning notices ineffective unless ‘in all circumstances it was reasonably enough to keep the visitor safe’