OLA 1957 Flashcards
KA3
Define occupier and state case
The person in control of the premises. The owner/tenant. Wheat v Lacon
What does an occupier owe a lawful visitor? State case and statute.
A common duty of care. Occupiers Liability Act 1957. Laverton. S2(2).
Define premises and state case and statute
A fixed/moveable structure. Aircraft, vehicle, house. Revill v Newberry. S.1(3)(a)
What does Wheeler v Copas state?
A ladder qualifies as premises.
Define what it means to be a lawful visitor and state the case
To be invited, have permission (expressed, implied, contractual, statutory right). Laverton.
Explain the standard of care of an occupier for a lawful visitor with a case and statute.
Take such care as is reasonable (…) to see that the visitor is reasonably safe (…) for purpose invited).* Laverton. S2.2.*
Case for ‘occupier’
Wheat v Lacon
Case for ‘premises’
Revill v Newberry
Case and statute for an occupier owing a common duty of care to lawful visitors.
S2.2
Laverton
Case and statute for duty owed to children
Explain
Glasgow v Taylor (allurement to children). Look at age of child and guard against things that may attract a child of that age. S2.3(a). Premises must be reasonably safe for child. Younger = higher risk, more precautions.
Case and statute for duty owed to tradesperson
Explain
S2(3)(b). Roles v Nathan. Occupier can expect tradesperson to appreciate and guard against risks. Occupier not liable if vistor is injured by something related to trade
Case for contributory negligence
Explain
Revill v Newberry ; partial defence (liability/damages reduced)
According S.2(4) OLA 1957, what are the three things required for the occupier go shift liability + cases?
1- Reasonable to entrust work to independent contractor - Haseldine
2- Occupier has to satisfy himself that the contractor is competent - Bottomley
3- Check work is done properly - Woodward
