Ola 1957 Flashcards
Occupier section
1.2
What must occur pier have
Degree of control
Wheat V lacon
Can there be more than one occupier
Yes
Wheat V lacon
What must occupier be
Effectively in control
Harris V birkenhead
Is there always an occupier
No
Bailey V arms
Sometimes no one has control
Premises section
1.3A
What is premesis
Any fixed or moveable structure including vehicle vessel or aircraft
Lawful visitors express
Invitees - express permission
Licensees - express permission to be there
Implied visitors
Entry to communicate
Repeat visitor
Statutory right of way
Entry to communicate
Robson V Hallet
Repeat visitors
Lowery V walker
Duty of care section
2.2
Duty of care
Take such care as reasonable for purpose which he is invited on
Duty of care level
Reasonably safe not completely
Case for reasonably safe
Laverton V kiapashia takeaway
Tripping
Rochester cathedral V delbel
Tripping is everyday occurrence
Children section
2.3A
Allurement case
Glasgow V Taylor
Must prevent allurements
What must allurement be
Jolly V Sutton
Foreseeable
What must premesis be for children
Reasonable safe for a child of that age
Very young children
Phipps V Rochester coropartion
Parents can be expected to keep them safe as should be supervised
Workers section
2.3B
What must worker do
When Exercise their calling graud against any special risk or incident to do with it
What does section 2.3b mean
Occupier not liable if worker does not graud against risk they should know about or be expected to know about
