OLA '57

Question 1

What is the definition of occupier and where does it come from?

Answer 1

s1(2) OLA ‘57 - someone in occupation and control of a premises

Question 2

What is the definition of premises and where does it come from?

Answer 2

s1(3)(a) OLA ‘57 - fixed or moveable structure, including any vessel, vehicle and aircraft

Question 3

Define OLA ‘57

Answer 3

Occupiers liability concerns the liability of an ‘occupier’ of the land for the claimant’s injury or loss or damage to property suffered while on the occupier’s ‘premises’

Question 4

What are the 10 elements of OLA ‘57?

Answer 4

1. Occupier
2. Premises
3. Lawful visitor
4. Children
5. Professionals/ tradespeople
6. Independent contractor
   7.Reasonably safe?
7. Causation
8. Avoiding the duty
9. Defences

Question 5

What does s2(1) 57’ Act say?

Answer 5

An occupier owes a common duty of care to lawful visitors

Question 6

What does s2(2) 57’ Act say?

Answer 6

Occupier must take such care in all circumstances to see that the visitor will be reasonably safe in using the premises for the purpose for which he is invited

Question 7

When does a duty apply?

Answer 7

If the visitor is carrying out activities that are authorised within the terms of the visit

Question 8

Who does s1(2) say are included as a visitor?

Answer 8

Invitees
Licensees
Legal right to enter

Question 9

What does s2(3) ‘57 Act say regarding children?

Answer 9

The occupier ‘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’

Question 10

What is the PoL for Glasgow Corporation v Taylor?

Answer 10

Occupiers should guard against any kind of ‘allurement’ which places a child visitor at risk of harm

Question 11

What case states that if children are very young (under 5) they should be supervised by a parent?

Answer 11

Phipps

Question 12

What does s2(3)(b) say in regards to professionals/ tradespeople?

Answer 12

They should, in relation to activities carried out within their trade ‘appreciate and guard against any special risks ordinarily incident to it’

Question 13

When will an occupier not be liable (tradespeople)?+ case

Answer 13

Where tradesmen fail to guard against risks which they should know about - Roles v Nathan

Question 14

Explain the general rule regarding independent contractors + section

Answer 14

Occupier will be able to avoid liability when cause of damage is the negligence of an independent contractor hired by the occupier under s2(4)

Question 15

What are the 3 requirements for s2(4)? + 2 cases

Answer 15

1. Reasonable for occupier to have entrusted the work to independent contractor - Haseldine v Daw & Sons Ltd.
2. Contractor hired must be competent to carry out the task
3. If possible, occupier must check the work. More complex work + less expert occupier, less reasonable it is to impose obligation - Woodward

Question 16

How do we decide if the visitor is reasonably safe?

Answer 16

Breach - standard of care ‘reasonable man’/ occupier
Must guard against foreseeable
Include risk factors

Question 17

Briefly explain tests for causation

Answer 17

Factual - ‘but for’ - Barnett v Chelsea & Kensington Hospital
Legal - remoteness of damage - Wagon Mound

Question 18

When may an occupier be able to avoid their duty?

Answer 18

If they issued a warning to the visitor

Question 19

Explain when a warning would be ineffective + section + case

Answer 19

s2(4) - warning is ineffective unless ‘in all the circumstances it was enough to enable the visitor to be reasonably safe’
Can be seen in Rae v Mars

Question 20

What defences could be used by the occupier? (2)

Answer 20

Contributory negligence - partial defence - reduces compensation
Violenti - s2(5) occupier ‘has no liability to a visitor in respect of risks willingly accepted by his by the visitor’ (risk is fully understood)