OLA 57

Question 1

What classifies as a lawful visitor?

Answer 1

Someone who has permission(through implied or express permission)

Question 2

What classifies as a Trespasser?

Answer 2

Someone who enters without an initiation and either presence unknown or objected to.

Question 3

What does the Doctrine of Allurement teach us?

Answer 3

A child will not trespass if he wanders onto land to investigate something which is both dangerous and attractive to children.
(Jolley Sutton v LBC)(2000)

Question 4

What happens in Jolley Sutton v LBC (2000)?

Answer 4

Two 14 year olds found an abandoned boat and chose to do it up, it was rotten and dangerous the council were meant to take it away but didn’t. Court ruled not trespassing as boys investigated something interesting.

Question 5

What are some examples of people with statutory powers of entry?

Answer 5

1) A meter reader
2) Postman
3) Fire fighter
4) Policeman with a search warrant

Question 6

What is an occupier?

Answer 6

Any person who controls the premises to extent that this carelessness could lead to a visitor suffering a loss

Question 7

What are premises?

Answer 7

Under s1(3)OLA 1957 the term includes land, buildings on land. Also any fixed or moveable structure

Question 8

What are the aspects of OLA 1957)?

Answer 8

1) Occupier owes their visitor a Duty of Care
2) Occupier breached their duty of care
3) Occupier breach caused the loss/damage suffered by the visitor

Question 9

What does S2(1) OLA 1957 tell us?

Answer 9

States that a duty of care is owed to all lawful visitors

Question 10

What does S2(2) OLA 1957 tell us ?

Answer 10

All visitors must be reasonably safe and D must take reasonable care to ensure of this

Question 11

What does the case (LAVERTON V KIAPASHA TAKEAWAY SUPREME 2002) show?

Answer 11

Occupiers dont have to eliminate all risks just keep visitors reasonably safe.

Question 12

What do we learn in ( DEAN & CHAPTER OF ROCHESTER CATHEDRAL V DEBELL (2016) show?

Answer 12

Tripping, clipping, falling are everyday occurrences. Occupier cant guarantee safety.

Question 13

What happens and what do we learn from ( GLASGOW CORPORATION V TAYLOR (1922)?

Answer 13

Poisonous berries grew in a park there was no warning signs nor fence stopping people eat the berries. Theses berries would be alluring to children so the council was liable as they didn’t act

Question 14

What happens and what do we learn from ( PHIPPS V ROCHESTER CORP(1955)?

Answer 14

A 5 year old boy and his sister age 7 were walking in open ground unaccompanied, he was injured as he fell in trench. D not liable as an occupier is entitled to assume parents wouldnt let kids go unsafe places

Question 15

What does 2(3)b) OLA 1957 also confirm?

Answer 15

An occupier may expect than an expert working in the line of his profession will appreciate and guard against special risks ordinarily present.

Question 15

What occurs in ( BOURNE LESIURE V MARSDEN)(2009)?

Answer 15

Mrs Marsden was talking to a fellow camper at a resort when her son wandered off and drowned in a pond she was made aware of upon arrival. Neither D or parent in wrong as ‘Children can disappear in an instant’

Question 16

What happens and what do we learn from (ROLES V NATHAN) (1963)?

Answer 16

-2 chimney sweeps died by carbon monoxide fumes when cleaning D’s heating system.
- D not liable
- C’s were warned and the risk if something they should be familiar with and known how to deal with it

Question 17

What happens and what do we learn from (OGWU V TAYLOR) (1987)?

Answer 17

-D negligently started fire in his home, C a fire fighter, entered property with protective clothing he took out the fire but suffered severe burns
- D liable
- Specialist visitors are protected if there was NOTHING THEY COULD DO TO PREVENT RISK

Question 18

What does S2(4) OLA 1957 tell us?

Answer 18

Provides that the occupiers liability is discharged if they gives effective warnings of the danger, must be sufficient to enable visitor to be reasonably safe.

Question 19

What happens and what do we learn from (WOOLINS V BRITISH CELANESE)(1966)?

Answer 19

-C was removing cabling off D’s factory and became injured, D had put a warning sign about the roof but it was on back of a door.
- Where danger isn’t obvious, warning sign is to be in a visible place