OLA 1957 Flashcards
what is OLA 1957
occupier owes lawful visitors a DoC
what cases define occupier
Wheat V E Lacon -anyone in possession/control of land
Harris V Birkenhead- can be more than 1
Bailey V Armes- No one in control=no O
what is the wide definition for premises ?
a person having any control over fixed/moveable structure incl. vehicle vessel and aircraft
what section is premises under
s.1(3)
what does the case of Wheeler V Copas say
incl. houses, offices, buildings, vehicles, lifts, and ladders
What is the DoC to LV s.2(1)
take such care in all circumstances of case is reasonable to see LV will be reasonably safe using premises for purpose invited/permitted
what the 4 types of LV under s.1(2)
- Invitees
- Licensees
- Contractual Permission
- Statutory Right to Enter
What is the scope of DoC s.2(2)
O must come to standard of RP guarding foreseeable ‘real source of danger’ (Laverton V Kiapashi Takeaway Supreme)
what does case of Dean & Chapter Rochester Cathedral V Debell?
O not expected to protect ‘trips, slips, and falls’
who do the additional rules apply to ?
Child Visitors(CV)
Tradespeople(TP)
Independent Contractors(IC)
why does the DoC to CV differ s.2(3)
O has higher & specialDoC to children & must be prepared for children to be ‘less careful than adults’
why is the level of risk to CV subjective ?
based on age (Moloney V Lambeth LBC)
what must the premises be if children are allowed to enter?
reasonably safe (Perry V Butlins Holiday World)
what is an allurement
anything to tempt, entice or attract & must take extra care to avoid (Taylor V Glasgow Corp.)
What does Liddle V Yorkshire County Council state ?
that the existence of an allotment is not enough
What may the O assume based on the age of the child
that they should have parental supervision (Phipps V Rochester Corp.)
what is the last part of child visitor?
was the damage/harm foreseeable need not be specific harm ( Jolly V Sutton LBC)
what is the duty to tradespeople s.2(3)(b)
O may expect a person in exercise of his calling will appreciate the guard against any special risk ordinarily incident to it
what is the defence to IC s.2(4)(b)
3 tests:
1. reasonable to give IC work (Haseldine V Daw & Son Ltd.)
2. O took steps to check competency (Bottomley VvTodmoreton Cricket)
3. O took steps check work done correct (Woodward V Mayor of Hastings)
What is an IC
someone employed to do particular job on property
how does the defence mean of IC work
must prove stand of premises defective due to IC work
how does the defence mean of IC work
must prove stand of premises defective due to IC work
