OLA 1957

Question 1

What is an occupier + case

Answer 1

Has a sufficient degree of control over premises
( Wheat v Lacon )

Question 2

How to determine lawful visitor

Answer 2

Expressed permission
Implied permission

Question 3

4 points for implied permission + cases

Answer 3

Repeated visits ( Lowery v Walker )
Doctrine of allurement ( Jolley v Sutton)
Entry to communicate ( Robson v Hallett )
Statutory powers of entry

Question 4

2 Variations in duty (More or less care)

Answer 4

More care for children
( Maloney v Lambeth )
Less care for specialist visitor
( Roles v Nathan )

Question 5

2 Ways to discharge duty + cases

Answer 5

Did reasonable amount to prevent danger ( Tedstone v Bourne leisure )
Provided reasonable warnings
( Woolins v British celanese )

Question 6

4 Defences

Answer 6

Independent contractor
Contributory negligence
Consent
Excluding liability

Question 7

3 Points for independent contractors + cases

Answer 7

Reasonable to bring in contractor ( Haseldine v daw )
Steps to ensure contractor is competent ( Bottomley v todmorden cricket )
Steps to ensure work done properly ( Woodward v Mayor of hastings )

Question 8

Case for consent OLA 1957

Answer 8

( Geary v JD weatherspoons )

Question 9

Case for excluding liability and what can you not exclude liability for .

Answer 9

( Ashdown v Samuel Williams )
Cannot exclude for death and personal injury