OLA 1957

Question 1

1-OLA 1957 INTRO

Answer 1

from s2(1) OLA 1957 act- occupier owes duty of care to keep lawful visitor safe if using premesis

Question 2

2-occupier

Answer 2

person who allows/prevents entry to premesis (Harrisvbirkinhead corp)

Question 3

3-lawful v

Answer 3

person with express(invitee) or implied(licensee) permission, enter premesis by occupier. +children attracted by allurement (cookies v western railway)

Question 4

4- premesis

Answer 4

fixed/moveable structure, vessel, vehicle or aircraft

Question 5

5-duty owed

Answer 5

visitor is reasonably safe s2(2)

Question 6

6-standard of care

Answer 6

of a reasonable man= must expect to guard against foreseeable(Horton v jackson)

Question 7

7-child visitor

Answer 7

on premesis must be safe against child of that age s2(3)(a)

Question 8

8-exceptions(dont have to protect)

Answer 8

- tradesman from risks would occur in their jobs s2(3)b

-not liable injury caused by workdone by competent contractor s2(4)b

Question 9

Defences

Answer 9

warningss2(4)a occupier can dischange duty, wanring visitor of danger, must be effective.

exclusion clause-occupiers exclude liability using exclusion notices, limit liability together, not for death or personal injury due to negligence s2(1) UCTA

volenti non fit injuria(consent)-available if v consents to risk of neglegence from occupier