OLA 1957 Section Numbers A01 Flashcards
1
Q
s.1(2)
A
common law rules apply (OCCUPIER)
2
Q
s.1(3)
A
premises
3
Q
s.2(1)
A
common duty of care
4
Q
s.2(3)(a)
A
children
5
Q
s.2(3)(b)
A
person exercising his calling - expected guard against special risks
6
Q
s.2(4)(b)
A
independent contractor - wont be liable unless didn’t check (if either contractor or customer is injured)
7
Q
s.2(4)
A
warning will not absolve unless in all circumstances….
8
Q
Independent contractor
A
- The occupier has little or no control over the work done or how it is done.
- The contractor is typically not considered an employee.
- The occupier is not directly responsible for the contractor’s day-to-day activities or conduct. (e.g: construction company working on a building)
9
Q
Person exercising his calling →
A
- The person exercises their own professional expertise, often on behalf of the occupier or employer.
- They may be considered employees or individuals under the direct control or employment of the occupier.
- They usually perform tasks that fall within their calling (e.g., plumber, repairman, etc.).