OLA ACT 1957

Question 1

what does OLA act 1957 deal with

Answer 1

visitors

Question 2

define occupier and premises under OLA 1957

Answer 2

• O, must have a sufficient degree of control over promises that he ought to realise that lack of care may result in injury
• P, fixed or moveable structure including vechiles, vessels or aircraft

Question 3

cases that go under occupier and premises

Answer 3

Harris v Birkenhead- occupier doesn’t have to be present on premises

Wheat v Lacon- can have more than one occupier

Question 4

define visitor with relevant cases

Answer 4

• someone who has express or implied permission
• can be implied through conduct (Lawery v Walker- can be land, ladder or lift ) or allurement which is usually for children (Glasgow Corp v Taylor)

Question 5

common duty of care and case

Answer 5

occupier owes a visitor a common duty of care, so that they will be reasonably safe using the premises for the purposes of their visit (The Calgarth)

Question 6

breach with one cases for warnings

Answer 6

(don’t write a lot for this)

• take into account of risk factors
• warnings should be clear and explain danger, Rae v Mars (where danger is extreme or unusual, it is not enough for just a warning to be placed)

Question 7

SPECIAL CASES (2)- CHILDREN

Answer 7

• Perry v Butlins, children are less careful than adults

- Phipps v Rochester Corp, can assume young children will be accompanied by their parent/ guardian

Question 8

SPECIAL CASE- TRADESPERSON

Answer 8

Roles v Nathan, occupier not liable when tradesmen fail to guard against risks they should know about

Question 9

SPECIAL CASE- INDEPENDENT CONTRACTORS

Answer 9

• Haseldine v Daw

- occupier not usually liable for faulty work from outside contractor

Question 10

for independent contractors, what are the three ways the occupier must show to avoid liability

Answer 10

1. it was reasonable for occupier to employ a contractor
2. independent contractor is competent
3. if nature of work allows and isn’t too complex, occupier just make sure it’s done properly

Question 11

defences to 57 act

Answer 11

contributory negligence

-consent, occupier has no duty for risks willingly accepted by visitor

Question 12

structure for 57 act

Answer 12

1. define occupier and apply
2. define premises and apply
3. define visitor and apply
4. common duty of care
5. breach factors
6. has it been breached?
7. damages

Question 13

tradesperson definition

Answer 13

an occupier may expect that a person would appreciate and guard against any special risks ordinarily incident to it

Question 14

difference between contractor and tradesperson

Answer 14

WHOS INJURED

• tradesperson= the person doing the job is injured when doing their job
• contractor= third party/ later visitor is injured due to faulty workmanship