OLA 1957 Flashcards
What is an occupier?
someone who is in control of the premises, Wheat v Lacon
What is a premises?
Section 1(3)(a) States a premises includes land, buildings and any fixed or moveable structure
Hasledine v Daw
what is a lawful visitor?
may be an invitee, a licensee or someone with a contractual or legal right to enter
When does an occupier owe a duty of care?
S2(1) states an occupier owes a common duty of care to all lawful visitors
What is the duty owed to all lawful visitors?
s2(2) - duty is to take reasonable care to keep the visitor safe for the purposes for which the visitor is permitted entry
When is a higher standard of care required?
s2(3)(a) higher standard of care must be afforded children as children are more at risk - Moloney v Lambeth BC.
Taylor v Glasgow corp
occupiers owe a higher standard of care when there is an allurement as children are more likely to be tempted
what expectation are occupiers entitled to when it comes to children?
parents are expected to supervise their children - Phipps v Rochester
What is the duty of care owed to specialist visitors?
specialist visitors are expected to guard against risks associated with their trade and therefore a lower duty required
S2(3)(b)
Roles v nathan
How may liability be avoided via warning signs?
sufficient warnings but must be enough to protect the visitor in all the circumstances
Rae v Mars
S2(4)(a)
What are the requirements to avoid liability via an independent contractor?
s.2(4)(b) if damage caused by negligent work of an independent contractor. If
(a) it was reasonable to hire a contractor for the work - Woodward v mayor of hastings
(b) a competent contractor was chosen - Bottomley v todmorden
(c) the work was inspected if appropriate - Haseldine v Daw
what are the defences for OLA 1957?
S2(5) volenti/ consent
S2(3) contributory negligence
what are the remedies for OLA 1957?
damages for personal injury,
property damage and consequential losses
when may a lawful visitor become a trespasser?
by exceeding the proper limits for his visit
Tomlinson v Congleton
What is the legal principle from laverton v kiapasha takeaway?
An occupier does not need to guarantee visitor safety
They have to keep visitors reasonably safe
