Ola 1957 Flashcards
P1
Children
P1 Ao1
Phillps V Rochester cathedral- parents should take care for very young
Howver
Reasonably safe for child of that age - 2.3A
Allurment
Glasgow c Taylor - prevent allurment
Jolly V Sutton - foreseeable
P1 ao3
Although needed to be reasonably safe for child on that age does not need to be completely safe
Parents having to take care prefixes liabilty as only care for older children
Allurement unfair as should be able to have what you want on property howver Allurement must be foreseeable so given more freedom
P2
Occupier
Occupier Ao1
Bailey V arms - sometimes no one has control
Wheat V lacon - more than 1
Harris V Birkenhead - effectively in control
Occupier ao3
Having sometimes no one limits claim and ensure poeple aren’t liabilty for a property they aren’t in control of
More than one is unfair as can be hard to distinguish how is at fault and how much control each occupier had
Need to be effectively in control - should need full control otherwise might not know what is reasonably safe and what’s not
P3
Duty of care for adults
Duty of care adults Ao1
Fair as property only had to be reasonably safe - 2.2
Laverton V kiapiasha takeaway
Rochester cathedral V delbel- tripping is everyday
Duty of care to adults explained
Not completely safe saves O money, stops compensation culture
Tripping everyday occurrence rescues claims and reduce court wait times
P4
Limited protection for workforce
Workforce Ao1
Workers - 2.3B only claim for injuries not regarding things they should graud from in there role
Ogwo V Taylor - can still sue if from other thing
IC - 2.4B - reasonable to give work, check competence, o checked work.
Workforce
Stoping claims from workers calling reduces claims and protects occupier
Inconvenience to O to have to check work completed properly even once checked IC competence
Reform
Set list as to what makes property reasonably safe
No fault liabilty where insurance covers injury without having to find occupier liable
