OLA 1957

Question 1

OLA 1957

Answer 1

Occupiers of land with visitors

Question 2

DUTY

Answer 2

Consists of premises, occupier and visitor.

Question 3

PREMISES

Answer 3

‘Fixed or moveable structure’
[WHEELER V COPAS]

Question 4

OCCUPIER

Answer 4

‘In occupation or control over land’
[WHEAT V LACON]

Question 5

VISITOR

Answer 5

‘Contract’ ‘Statutory’ ‘Invitee’ ‘Licensee’

Question 6

COMMON DUTY OF CARE

Answer 6

2(2) Reasonable steps to ensure safety on premises.
[GEERI V WETHERSPOONS]

Question 7

Extra care needed (a):

Answer 7

2(3)(a) Children is less careful than an adult.

Question 8

Extra care needed (b):

Answer 8

2(3)(b) A person is exercise of calling is more careful so less care.

Question 9

DISCHARGE

Answer 9

Warnings and independent contractor.

Question 10

WARNING

Answer 10

2(4)(a) Warning only enough to keep visitor safe.

Question 11

INDEPENDENT CONTRACTOR

Answer 11

(2)(4)(b)
-Reasonable steps to check work
-Occupier should take reasonable steps to check competence
-Reasonable task to delegate

Question 12

DEFENCES

Answer 12

Con neg and consent