Paper 2 S.B - Tort

Question 1

Occupiers liability 1957

Independent contractor - work must be reasonable

Answer 1

(Haseldine v Daw)

Question 2

Occupiers liability 1957

Independent contractor - contractor must be competent with checks made

Answer 2

(Bottomley v Todmodern)

Question 3

Occupiers liability 1957

Independent contractor - occupier must check work is done properly

Answer 3

(Woodward v Mayor of Hastings)

Question 4

Occupiers liability 1957/1984

What is an Occupier?

Answer 4

the person who owns and occupies the land and has responsibility for visitors (Bailey v Armes)

Question 5

Occupiers liability 1957/1984

What are premises?

Answer 5

widely defined S.1(3)(a)

someone who has control of any fixed or movable structure including vessels, vehicles and aircraft

Question 6

Occupiers liability 1957

who is a visitor?

Answer 6

• has been invited onto premises - invitee
• has permission to be on premises - licensee
• contractual permission
• statutory right of entry - police with a warrant

Question 7

Occupiers liability 1957

case for premises must be reasonably safe

Answer 7

(Laverton v Kiapasha Takeaway supreme)

Question 8

Occupiers liability 1957

what are the rules for children?

Answer 8

Different standard to adults - children are less careful

Joley v sutton

Question 9

Occupiers liability 1957

what is quote and case for professional visitors

Answer 9

carrying out trade - “appreciate and guard against any special risk ordinarily incident to it”
(Roles v Nathan)

Question 10

Occupiers liability 1984

when does an occupiers owe a duty to trespasser?

Answer 10

a) aware danger exists
b) knows/believes trespasser is in vicinity
c) risk is that some protection should be offered against

Question 11

Occupiers liability 1984

the level of care should be…

Answer 11

reasonable in all circumstances

Question 12

Occupiers liability 1984

what is the main case for ADULTS?

Answer 12

(Ratcliff v McConnell) - it was an obvious danger

Question 13

Occupiers liability 1984
Case for…
Time of day/year relevant

Answer 13

(Donoghue v Folkestone Properties)

Question 14

Occupiers liability 1984
Case for…
Dont have to spend money to make safe

Answer 14

(Tomlinson v Congleton BC)

Question 15

Occupiers liability 1984
Case for…
Not liable if no reason to suspect trespasser

Answer 15

(Higgs v Foster)

Question 16

Occupiers liability 1984
CHILDREN - similar rules apply
what are the two cases?

Answer 16

(Keown v Coventry Health Care NHS Trust)

(Baldaccino v West Wittering

Question 17

what is the definition of private nuisance?

Answer 17

the unlawful indirect interference of another persons enjoyment or use of land in which they have an interest
(Winfield)

Question 18

what are some examples of indirect interference?

Answer 18

• loud music
• loud at night
• animals
• smells
• littering
  (malone v laskey)

Question 19

what is the first stage of private nuisance?

Answer 19

unlawful use of land
- LOCALITY –> cannot expect the same level of quieten the country side than in the city (Laws v Florinplace)
- DURATION –> the longer the nuisance goes on, the more likely it is to be considered unreasonable (crown river cruises v kimbolton fireworks
MALICE –> cannot have a bad motive (Christie v Davey)
SENSITIVITY –> cannot engage in land that is hypersensitive and then complain (Robinson v Kilvert)

Question 20

what is the second stage of private nuisance?

Answer 20

leading to an indirect interference
e.g. effluvia, smells, fire, vibrations
(hunter v canary wharf)

Question 21

what is the third stage of private nuisance?

Answer 21

causing damage to the claimant
– can be discomfort to claimant or damage to the claimants land
(st helens smelting co v tipping)
(cambridge water co v eastern counties leather)