OLA 1957 overall Test Flashcards
What parts of the normal rules of negligence apply when writing an OLA 1957 essay?
DoC
Breach
Causation
Remoteness
What type of visitor is the OLA 1957 for?
Lawful visitors
What is a better phrase for DoC in an OLA 1957 essay?
Common duty of care
What does s.2 (1) of the act state?
An occupier owes DoC to all lawful visitors
In what section is the duty of care set out?
s.2 (2)
In summary what does s.2 (2) state?
“…such care as in all circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises…”
The term occupier is not define by the act but what could an occupier include?
Owner
Tenant
Contractors on a building site
Organisers of a fairground stall
What does case law indicate occupier means?
It is any person who controls the premises or the relevant part of it. (Has a degree of control over the land)
What happens if there is more than one occupier?
Liability occurs for those who have a degree of control over the premises or the relevant part of it
What case determined what happens when there is more than one occupier?
Wheat v Lacon (1966)
What are premises?
Any land, buildings ore moveable structures (scaffolding) or vehicles-s.1 (3)(a)
To avoid breach what standard must the occupier reach?
The standard of a reasonable occupier.
What case demonstrates the standard for avoiding breach?
Tedstone v Bourne Leisure LTD (2008)
What does s.2 (1) state about warnings?
An occupier can waive DoC by putting up signs saying he will not accept legal responsibility for accidents etc
Give the case name where the D put up warnings but was still held liable as his warning was not visible.
Woolins v British Celanese (1996)
[EXTRA]What modifications have been made under the Unfair Contract Terms Act 1977 for liability being waived using warnings in the case of business premises?
- Liability CANNOT be waived for death or personal injury when it results from negligence
- Liability CANNOT be waived for other types of loss when it is not reasonable to do so
- Liability CAN be waived by business owner where visitors are admitted for recreational or educational purposes which are not a part of the business, e.g. schools visiting a working farm.
In the breach section of your essay what 4 factors should be considered in accordance to the scenario?
Children
Independent contractors who get injured whilst working on your property
Bad work by independent contractors
Warnings
What section of the act says that an occupier must be prepared for children who are less careful than adults?
What case is used to demonstrate this?
s.2 (3)(a)
Moloney v Lambeth London Borough Council (1966)
Regarding children, what are occupiers allowed to assume?
And what case do we use to demonstrate this?
Occupiers are allowed to assume parents will take appropriate care of children
Phipps v Rochester Corporation (1955)
What section of the act talks about where independent contractors get injured whilst working on your property?
s.2 (3)(b)
What does s.2 (3)(b) say about independent contractors who get injured whilst working on your property?
An occupier may expect that a specialist will protect himself against the risks of his own specialism
Give an example of what s.2(3)(b) says.
For example you will not be liable if an electrician electrocuted themselves when checking old faulty wiring in your house as an electrician should have known to protect themselves.
What section if the act talks about where independent contractors have done negligent work?
s.2 (4)
What does s.2(4) state?
Occupier is not liable for negligent work done by a contractor (someone carrying out a service in exchange for a fee)
