OLA 57 + 84

Question 1

what are the two occupiers liability acts

Answer 1

57 is with permission on the premises and 84 is without so trespassing

Question 2

what are the two types of permission in ola 57

Answer 2

express and implied permission

Question 3

what is implied permission (57)

Answer 3

where you would expect to be able to enter eg postman

Question 4

what is express permission (57)

Answer 4

you are invited onto the premises eg cinema

Question 5

must inlcude who the occupier is (57)

Answer 5

must apply to situation

Question 6

wheat v e lacon (57)

Answer 6

guest died at pub when falling down stairs , manager and owner were occupiers and had control over the premises

Question 7

what are premises (57)

Answer 7

s1 (3) “ land, building, any fixed or moveable structures including any vessel or vechile or aircraft

Question 8

what section is common duty of care and quote (57)

Answer 8

section 2 (2) “ the visitor will be reasonably safe in using the premises for the purpose which he is invited “

Question 9

staples v west dorset (57)

Answer 9

algae on the beach, someone slipped and injured, no warnings needed as it was an obvious danger

Question 10

what section is children (57/84)

Answer 10

section 2 (3) (a)

Question 11

what are the two children quotes

Answer 11

” 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”

Question 12

glasgow corporations v taylor

Answer 12

7 year old ate poison berries from a bush in park and died, no warnings or signs and acted as an allurment

Question 13

phipps v rochester corporations

Answer 13

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

Question 14

perry v butlins

Answer 14

three year old ran into wall so liable

Question 15

Jolly v LB sutton

Answer 15

14 year old boy found a boat and ended up being paralysed , boat was an allurment and dangerous but it was not forseeable

Question 16

what section is persons exercising a calling (57)

Answer 16

section 2 (3) (b)

Question 17

what is the quote for a person excercising a calling (57)

Answer 17

the occupier “will appreciate and guard against any special risks ordinarily incident to it

Question 18

roles v nathan (57)

Answer 18

two chinmey sweeps were killed by carbon monoxide gas occupiers nor liable as sweeps should have been aware of danger

Question 19

ogwo v taylor (57)

Answer 19

negligent fire and claimant was injured , no amount of care would have protected him , claim suceeded

Question 20

what section is independent contractors

Answer 20

section 2 (4) (b)

Question 21

what are the two reasons that an occupier will not be held liable for the work of independent contactors

Answer 21

1) they took reasonable steps to ensure the contractor is competent
2) the work has carried out properly

Question 22

haseldine v daw (57)

Answer 22

company maintaining a lift , occupier could not check there work was technical, killed claimant no one was liable.

Question 23

woodward v mayor of hastings

Answer 23

claimant slipped on a snow covered step , school had contractors to clean it but they had not checked it was clean , school liable

Question 24

what is the section for the defence of contributory negligence

Answer 24

section 2 (3)

Question 25

what is the section for the defence of volenti

Answer 25

section 2 (5)

Question 26

what is the section for the defence of warnings

Answer 26

section 2 (4) (a)

Question 27

what is occupiers liability 84

Answer 27

those without permission and those who are trespassing

Question 28

what is section 1(1) of ola 84

Answer 28

must relate to the state of the premises

Question 29

what can you do in 84 which you cant in 57

Answer 29

you can only sue for personal injury and not property but ola 57 you can do both

Question 30

tomlinson v congelton (84)

Answer 30

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.

Question 31

what section does an occupier owe a duty under in 84

Answer 31

section 1 (3)

Question 32

what is the first quote required in ola 84

Answer 32

” the occupier is ware of the danger or has reasonable grounds to believe it exists

Question 33

what is the second quote required in ola 84

Answer 33

” they know or have reasonable grounds to believe that the other person is in the vivinity of danger and has reasonable grounds

Question 34

swain v natui ram puri (84)

Answer 34

boy was injured after climbing on a roof, occupier didnt have reasonable grounds to believe that the child would enter the vicinity

Question 35

scott v abd

Answer 35

2 seperate incidents , 4 years apart, no duty of care first time but there was a second time , aware they could enter the vicinity

Question 36

third quote needed for ola 84

Answer 36

” the risk in one is which in all circumstances of the case , the occupier may reasonably be expected to offer some protection from”

Question 37

platt v liverpool

Answer 37

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