OLA 1957 Sections

Question 1

Section 1

Answer 1

C must be a lawful visitor on D’s premises as either express (invitee/contractual) or implied (delivery/licencee - Lowery v Walker) permission

Question 2

Section 1(3)(a)

Answer 2

‘Premises’ -> ‘any fixed or movable structure, inc any vessel, vehicle and aircraft’ or ladder (Wheeler v Copas)

Question 3

Section 2(1)

Answer 3

ADULT/CHILD

D owes C a ‘common duty of care’

Question 4

Section 2(2)

Answer 4

D must “take such care as in all circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited” as in Laverton v Kiapasha Takeaway Supreme

Question 5

Section 2(3)(b)

Answer 5

SKILLED
D can expect that a skilled visitor when carrying out work will “appreciate and guard against any special risks ordinarily incidental to it” as in Roles v Nathan. X apply to rescuers, as in Ogwo v Taylor

Question 6

Section 2(3)(a)

Answer 6

CHILD

D “must be prepared for children to be less careful than adults” as in Perry v Butlins Holiday World

Question 7

Section 2(4)(b)

Answer 7

D may be able to pass liability on to Z as an independent contractor because the state of the premises was due to Z, as in Ferguson v Welsh

Question 8

Section 2(4)(a)

Answer 8

An oral/written warning can be a full defense if it is effective so that “it was enough to enable the visitor to be reasonably safe”, as in Rae v Mars. No duty to warn against obvious risks (Darby v National Trust) and may be less effective in respect of a child

Question 9

Section 2(5)

Answer 9

Volenti non fit Injuria (consent), fully understood nature of risk> just aware of existence and excercised free choice as in Darby v National Trust