OLA 57

Question 1

Statutory framework

Answer 1

Occupiers liability refers to the duty owed by landowners to persons who come onto their land. It is a branch of negligence where there must’ve been a breached duty causing damage or injury to another. Harris v Birkenhead

Question 2

Occupiers not landowners

Answer 2

Liability is imposed on the occupier of the land. No need for proprietary interest or possession only control of the land.
In wheat v lacon the court posed the question who has control of the premises in relation to who if the occupier. Rest in this case of occupational control.

Question 3

More than just land.

Answer 3

Under s.1(3)(a) duty applies to both only land and buildings but also extends to fixed and moveable structures including vehicles and aircrafts.

Question 4

Duty to lawful visitors

Answer 4

Exhaustive list of lawful visitors who the occupier owes CDoC.
Invited and licences under s.1(2)
Those who enter pursuant to a contract under s.5(1)
Those entering in exercising a right conferred by law under s.2(6)

Question 5

Common duty of care

Answer 5

Common duty of care imposed on occupiers to lawful visitors. Take such care in all circumstances that the visitor will be reasonably safe in all circumstances using the premises. Standard of care varies according to individual circumstances. Under s.2(3)(a) occupier must be more careful for children to be less careful than adults. Jolley v Sutton. Allurement principle.

Question 6

Areas not covered

Answer 6

Doesn’t cover:
Trespassers
Invitees who exceed permission on the land
Persons exercising a public or private right of way

Question 7

Experts.

Answer 7

S.2(3)(b) occupier employs an expert to come onto premises to undertake work. Expert is taken to know if and safeguard themselves from any dangers in relation to their work.
Roles v Nathan - D not liable as p was an expert.

Question 8

Warnings and warning signs.

Answer 8

Occupier may be able to discharge liability to visitors and reach reasonable standard by giving a warning of danger. S.2(4)(a) states warning given to visitor won’t be treated same as absolving full liability unless in all circumstances it would enable visitors to be safe. No duty to warn of obvious risk. Darby v national trust - obvious

Question 9

Independent contractors

Answer 9

S.2(4)(b) occupier not liable for dangers created by independent contractors if the occupier acted reasonably in all circumstances, took reasonable steps to ensure work was done properly and they were competent. Bottomley v todmorden cricket club occupier didn’t check contractors insurance

Question 10

Defences.

Answer 10

Volenti non for injuria - s.2(5) common duty of care doesn’t impose an obligation on occupiers in respect of willingness of risks accepted by visitors.
Contributory negligence - law reform act 1945 damages reduced if visitor fails to take reasonable care of own safety. % of blame on claimant

Question 11

Sections

Answer 11

1.(3) premises can also be movable or fixed structures
1.(2) licencees and invitees
5(1) pursuant under contract
2(3) experts
2(4)(a) warnings
2(4)(b) independent contractors.
2(3)(a) children.