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. 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 what CN is and what kind of defence it is.
Revill v Newberry ; partial defence. C failed to take care of own safety. This failure contributed to injury.
According S.2(4) OLA 1957, what are the three things required for the occupier to 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
