OLA 57 Flashcards
What is OLA 57 an extension of?
Negligence
What is OLA 57?
A duty of care owed from an occupier to a lawful visitor
What is occupiers’ liability?
A branch of negligence which states that you owe a duty of care to anybody on your property
What happens if the occupier breaches the DOC?
The claimant receives compensation
What is an occupier?
Someone who may be the owner or tenant of a premises. They are in control
What is the definition of premises?
“any fixed or moveable structure, including any vessel, vehicle or aircraft”
Case for occupier definition
Wheat v Lacon
Case for premises definition
Wheeler v Copas
Briefly, what does S.2(2) define?
Adult visitor
Briefly, what does S.1(3)(a) define?
Premises
Briefly, what does S.2(3) define?
DOC owed to child visitors
Briefly, what does S.2(3)(b) define?
Tradespeople
Briefly, what does S.2(4) define?
Independent contractors
S.2(2)
An occupier must “take such care
in all circumstances is reasonable
to see that the visitor will be reasonably safe in using the premises
for the purpose which he is invited to be there”
S.1(3)(a)
“any fixed or moveable structure, including any vessel, vehicle or aircraft”
S.2(3)
A special DOC is owed to child visitors. O “must be prepared for children to be less careful than adults [and as a result] the premises must be reasonably safe for a child of that age”
S.2(3)(b)
A tradesman should “appreciate and guard against any special risks ordinarily incident to it so far as the occupier leaves him free to do so”
(AKA, the occupier is not liable for a risk a tradesman knew about and did not guard)
S.2(4)
.”Where damage is caused to a visitor
.by danger due to the faulty execution of any work of construction, maintenance or repair
.by an independent contractor employed by the occupier t.he occupier is not to be treated as answerable for the danger if in all circumstances he had acted reasonably in entrusting the work to the independent contractor and .had taken steps he reasonably ought to in order to satisfy the work was properly done and the contractor was competent”
How is an independent contractor different from a tradesperson?
Indep contractors specialise in one particular thing
What cases define occupier? (3)
.Wheat v Lacon
.Harris v Birkenhead
.Bailey v Armes
What case defines premises? (1)
Wheeler v Copas
What cases define adult visitors? (3)
.Rochester cathedral v Debell
.Laverton v Kiapasha takeaway
.Cole v Davis
What cases define child visitors? (3)
.Glasgow corporation v Taylor
.Phipps v Rochester
.Jolley v LB or Sutton
What case defines Tradespeople?
Roles v Nathan
What cases define Independent contractors? (3)
.Haseldine v Daw and son
.Bottomley v Tomorden cricket club
.Woodward v Mayor of Hastings
What case defines warnings?
Rae v Marrs
What case defines obvious danger?
Staples v West Dorset council
What are the 4 defences?
- Contributory negligence
- Consent (volenti non fit injuria)
- Warning notices
- Exclusion clauses
Define the defence of contributory negligence
C is partially responsible for the injuries they have suffered so shares the blame with D
What happens if contributory negligence is successful?
The compensation amount is reduced by the percentage of C’s responsibility (eg. 50% to blame, compensation reduced by 50%)
Is contributory negligence a complete or partial defence?
Partial
Define the defence of consent (volenti non fit injuria)
C voluntarily accepts a risk of harm was foreseeable as no injury can be done to one who accepts the risks
Is consent a complete or partial defence?
Complete
What must D provide for proof of C’s consent?
A precise risk
An exercising of free will
A voluntary acceptance of the risk
Where does consent fail?
Where C has no choice but to accept the risk or where a person has a DOC to act and is injured from D’s negligence
Are warning notices a complete or partial defence?
Complete
Where are warning signs defined?
S.2(4)
Define the defence of warning signs
S.2(4)- The warning must “in all circumstances be enough to enable the visitor to be responsibly safe”
How is it decided whether a warning sign is sufficient or not?
The judge will decide
Define the defence of exclusion clauses
The occupier can limit or exclude liability for any injury caused to a visitor
Are exclusion clauses a complete or partial defence?
Complete
Where are exclusion clauses defined?
S.2(1)
What are exclusion clauses used for?
Residential occupiers but may apply to child visitors depending on age and understanding
Why can traders not use exclusion clauses under S.65 of the consumer rights act?
“a trader cannot by a consumer notice exclude liability for death or personal injury resulting from negligence”
