OLA 57 + 84 Flashcards
trespass=84
what are the two occupiers liability acts
57 is with permission on the premises and 84 is without so trespassing
what are the two types of permission in ola 57
express and implied permission
what is implied permission (57)
where you would expect to be able to enter eg postman
what is express permission (57)
you are invited onto the premises eg cinema
must inlcude who the occupier is (57)
must apply to situation
wheat v e lacon (57)
guest died at pub when falling down stairs , manager and owner were occupiers and had control over the premises
what are premises (57)
s1 (3) “ land, building, any fixed or moveable structures including any vessel or vechile or aircraft
what section is common duty of care and quote (57)
section 2 (2) “ the visitor will be reasonably safe in using the premises for the purpose which he is invited “
staples v west dorset (57)
algae on the beach, someone slipped and injured, no warnings needed as it was an obvious danger
what section is children (57/84)
section 2 (3) (a)
what are the two children quotes
” premises must be reasonably safe for a child of that age “ and 2 am occupier must be prepared for children to be less careful than adults”
glasgow corporations v taylor
7 year old ate poison berries from a bush in park and died, no warnings or signs and acted as an allurment
phipps v rochester corporations
claimant aged 5 went onto building site and fell into a trench and broke there leg, defendants not liable as no 5 year old should be alone
perry v butlins
three year old ran into wall so liable
Jolly v LB sutton
14 year old boy found a boat and ended up being paralysed , boat was an allurment and dangerous but it was not forseeable
what section is persons exercising a calling (57)
section 2 (3) (b)
what is the quote for a person excercising a calling (57)
the occupier “will appreciate and guard against any special risks ordinarily incident to it
roles v nathan (57)
two chinmey sweeps were killed by carbon monoxide gas occupiers nor liable as sweeps should have been aware of danger
ogwo v taylor (57)
negligent fire and claimant was injured , no amount of care would have protected him , claim suceeded
what section is independent contractors
section 2 (4) (b)
what are the two reasons that an occupier will not be held liable for the work of independent contactors
1) they took reasonable steps to ensure the contractor is competent
2) the work has carried out properly
haseldine v daw (57)
company maintaining a lift , occupier could not check there work was technical, killed claimant no one was liable.
woodward v mayor of hastings
claimant slipped on a snow covered step , school had contractors to clean it but they had not checked it was clean , school liable
what is the section for the defence of contributory negligence
section 2 (3)
what is the section for the defence of volenti
section 2 (5)
what is the section for the defence of warnings
section 2 (4) (a)
what is occupiers liability 84
those without permission and those who are trespassing
what is section 1(1) of ola 84
must relate to the state of the premises
what can you do in 84 which you cant in 57
you can only sue for personal injury and not property but ola 57 you can do both
tomlinson v congelton (84)
man entered a park as a lawful visitor and would be judged under 57 but then jumped into a lake which had warning signs, sued under 84 as trespassed the lake.
what section does an occupier owe a duty under in 84
section 1 (3)
what is the first quote required in ola 84
” the occupier is ware of the danger or has reasonable grounds to believe it exists
what is the second quote required in ola 84
” they know or have reasonable grounds to believe that the other person is in the vivinity of danger and has reasonable grounds
swain v natui ram puri (84)
boy was injured after climbing on a roof, occupier didnt have reasonable grounds to believe that the child would enter the vicinity
scott v abd
2 seperate incidents , 4 years apart, no duty of care first time but there was a second time , aware they could enter the vicinity
third quote needed for ola 84
” the risk in one is which in all circumstances of the case , the occupier may reasonably be expected to offer some protection from”
platt v liverpool
boys playing in a derelict building , one was killed, building had a 8 foot fence and palnned demolition , not liable as they had done all that was reasonable
