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Tort > Ola 1957 > Flashcards

Ola 1957 Flashcards

1
Q

Occupier section

A

1.2

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2
Q

What must occur pier have

A

Degree of control

Wheat V lacon

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3
Q

Can there be more than one occupier

A

Yes
Wheat V lacon

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4
Q

What must occupier be

A

Effectively in control

Harris V birkenhead

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5
Q

Is there always an occupier

A

No
Bailey V arms

Sometimes no one has control

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6
Q

Premises section

A

1.3A

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7
Q

What is premesis

A

Any fixed or moveable structure including vehicle vessel or aircraft

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8
Q

Lawful visitors express

A

Invitees - express permission

Licensees - express permission to be there

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9
Q

Implied visitors

A

Entry to communicate

Repeat visitor

Statutory right of way

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10
Q

Entry to communicate

A

Robson V Hallet

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11
Q

Repeat visitors

A

Lowery V walker

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12
Q

Duty of care section

A

2.2

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13
Q

Duty of care

A

Take such care as reasonable for purpose which he is invited on

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14
Q

Duty of care level

A

Reasonably safe not completely

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15
Q

Case for reasonably safe

A

Laverton V kiapashia takeaway

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16
Q

Tripping

A

Rochester cathedral V delbel

Tripping is everyday occurrence

17
Q

Children section

A

2.3A

18
Q

Allurement case

A

Glasgow V Taylor

Must prevent allurements

19
Q

What must allurement be

A

Jolly V Sutton

Foreseeable

20
Q

What must premesis be for children

A

Reasonable safe for a child of that age

21
Q

Very young children

A

Phipps V Rochester coropartion

Parents can be expected to keep them safe as should be supervised

22
Q

Workers section

A

2.3B

23
Q

What must worker do

A

When Exercise their calling graud against any special risk or incident to do with it

24
Q

What does section 2.3b mean

A

Occupier not liable if worker does not graud against risk they should know about or be expected to know about

25
Q

Worker guard against risk case

A

Roles V Nathan

26
Q

What if worker injured while not in calling

A

Can claim

Ogwo V Taylor

27
Q

Independent contractor section

A

2.4B

28
Q

When will independent contractor be liable

A

Reasonable for IC to be given work
Contractor is competent for work
Occupier check work had been done properly

29
Q

Work must be checked case

A

Woodard V mayor of Hastings

30
Q

Contractor competence case

A

Bottomley V todmorden

31
Q

Contractor competence case

A

Bottomley V todmorden

Tort (12 decks)

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