OLA 1957 Section Numbers A01 Flashcards

1
Q

s.1(2)

A

common law rules apply (OCCUPIER)

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2
Q

s.1(3)

A

premises

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3
Q

s.2(1)

A

common duty of care

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4
Q

s.2(3)(a)

A

children

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5
Q

s.2(3)(b)

A

person exercising his calling - expected guard against special risks

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6
Q

s.2(4)(b)

A

independent contractor - wont be liable unless didn’t check (if either contractor or customer is injured)

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7
Q

s.2(4)

A

warning will not absolve unless in all circumstances….

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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)
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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.).
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