OlA 57

Question 1

Part 1

Answer 1

Firstly it must be proven that D was an occupier. Defined as someone with occupational control over the premises

Question 2

Part 1.1

Answer 2

They do not need to be the owner, they just need to have control over the premises. Wheat v Lacon

Question 3

Part 2

Answer 3

Secondly a premises must be established. Defined under s1(3)(a) of the OLA 57 as any fixed or move-able structure

Question 4

Part 3

Answer 4

It must be proven C is a lawful visitor

Question 5

Part 3.1

Answer 5

The first type of lawful visitor is someone with expressed permission (the calgarth)

Question 6

Part 3.2

Answer 6

The second type of lawful visitor is someone with implied permission (lowery v walker)

Question 7

Part 3.3

Answer 7

The final type of lawful visitor is statutory right to enter e.g police

Question 8

Part 4

Answer 8

The occupier must be found to have breached their duty of care under s.2(2) of OLA57

Question 9

Part 4.1

Answer 9

S.2(2) states that an occupier should take such care as in reasonable in all circumstances to ensure that the visitor will be reasonably safe in using the premises for the purpose of their invite.

Question 10

part 5

Answer 10

However duty of care can change

Question 11

Part 5.1

Answer 11

if they are a child S.2(3)a states that an occupier must be prepared for children to be less careful than adults. They must take greater care to protect children from anything dangerous that could allure them (glasgow corporation v taylor)

Question 12

Part 5.2

Answer 12

If they are skilled visitor S.2(3)b states that an occupier may expect a person, in the exercise of his calling, will appreciate and guard against any special risk ordinarily incident to it. (roles v nathan)

Question 13

Part 5.3

Answer 13

If the visitor is an independent contractor S.2(4) states that the occupier can be considered liable only if it was unreasonable to entrust the work to an IC, or if the occupier failed to ensure the IC was competent or the work had been completed to a reasonable standard

Question 14

Part 5.4

Answer 14

If warning signs are placed S.2 (4)a that they can neither be expressed or implied warnings and must be enough to keep the visitor reasonably safe. They must be clear and noticeable in order for the occupier not to have breached their duty. (woolins v british celanese)