OLA 1957 Flashcards
OLA 1957
Occupiers of land with visitors
DUTY
Consists of premises, occupier and visitor.
PREMISES
‘Fixed or moveable structure’
Danger must arise from the premises
[WHEELER V COPAS]
OCCUPIER
‘In occupation or control over land’
[WHEAT V LACON]
VISITOR
‘Contract’ ‘Statutory’ ‘Invitee’ ‘Licensee’
COMMON DUTY OF CARE
2(2) Reasonable steps to ensure safety on premises.
[GEERI V WETHERSPOONS]
Extra care needed (a):
2(3)(a) Children is less careful than an adult.
Extra care needed (b):
2(3)(b) A person is exercise of calling is more careful so less care.
DISCHARGE
Warnings and independent contractor.
WARNING
2(4)(a) Warning only enough to keep visitor safe.
INDEPENDENT CONTRACTOR
(2)(4)(b)
-Reasonable steps to check work
-Occupier should take reasonable steps to check competence
-Reasonable task to delegate
DEFENCES
Con neg and consent