OLA ‘57 Flashcards
what does OLA 1957 relate to
Lawful visitors for injury/damage from the premises
Who is the Occupier
no legal def. but…
anybody in possession/control of land (Wheat V Lacon)
can be more than 1 (Harris V Birkenhead Corp)
no one in control=no O (Bailey V Armes)
what section is premises under?
s.1(3)
what is the definition of premises?
‘A person having control over any fixed or moveable structure including any vessel vehicle or aircraft’
what is the case of Wheeler V Copas for ?
premises: houses, buildings, vehicles, lifts & ladders
what are the 4 types of lawful visitor and what section?
s.1(2)
Invitees
Licensees
Contractual Right
Statutory Right of Entry
what does it say under s.2(2) OLA
Occupier owes a common duty of care to all lawful visitors
what is the common DoC to LV & section?
s.2(2) a duty to take such care as in all the 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 or permitted by the occupier to be there’
what does the DoC mean ?
owner should take reasonable steps to protect LV as long as they’re allowed to be there
Dean & Chapter of Rochester Cathedral V Debell relates to what
Common DoC- O must come to standard of reasonable man and risks only foreseeable if there is ‘a real source of danger’
what can an O not prevent?
‘Slips Trips and Falls’
what additional issues must we be aware of ?
duty to Child visitors
duty to Tradespeople (common calling)
duty to Independent Contractors
what is the duty to child visitors?
s.2(3) ‘An O must be prepared for children to be less careful than adults’
What are the cases for child visitor ?
Taylor V Glasgow Corp.
Phipps V Rochester Corp.
Jolley V Sutton- if damage unforseeable=not liable
What is the duty to Tradespeople?
s.2(3)(b) for any experts on property to do work- ‘O may expect that a person, in the exercise of his calling, will appreciate the guard against any special risks ordinarily incident to it, so far as the O leaves him free’
what does mooney v lambeth bc relate to?
accepting a child is more at risk and the standard of care may be higher/lower based on the age of the child
if the O allows a child to enter what must the premises be?
reasonably safe for a child that age (Perry V Butlins Holiday World)
What is the law on allurement to a child visitor?
allurement= anything to tempt, entice or attract to the danger (Taylor V Glasgow)
however the mere existence is not sufficient enough (Liddle V Yorkshire CC)
What does Phipps V Rochester discuss?
The O may be entitled to assume parents should be supervising depending on the age of the child
What is the final part of law on child visitors?
the damage/injury must be foreseeable (not specific to type of harm) Jolley V Sutton LBC)
what does the DoC to tradesman mean ?
O owes DoC but not for things the tradesperson should know as part of their job- Roles V Nathan
what is the section for and law on independant contractors ?
s.2(4)(b)
1. is it reasonable for O to give IC the work -Haseldine V Daw& Son
2.is contractor competent- Bottomley V Todmoreton Cricket Club
3. has O checked work is done properly- Woodward V Mayor of Hastings
What are the 4 defences for OLA ‘57?
- Contributory Negligence
- Volenti non injuria
- Warning Signs
- Exclusion Clauses
Where does the defence of Contrib Negl. come from and what does it mean?
Law Reform (Contributory Negligence) Act 1945- liability may be reduced if C contributed to own injuries.
However if LV fails to take reasonable care for own safety, damages may be reduced as percentage on how liable they are (Sayers V Harlow Urban DC)
