Q3 Occupiers' Liability

Question 1

Which of the following cases involved a landowner having responsibility in nuisance for ‘adopting’ a state of affairs (a defective drainage channel) created on his land by a trespasser?

A.
Sedleigh-Denfield -v- O’Callaghan (1940)

B.
Leakey -v- National Trust (1980)

C.
Midland Bank -v- Bardgrove (1992)

D.
Holbeck Hall Hotel -v- Scarborough Borough Council (2000)

Answer 1

A.

Sedleigh-Denfield -v- O’Callaghan (1940)

Question 2

In England, who is responsible for granting Listed Building Consent?

A.
Local planning authorities

B.
English Heritage

C.
Natural England

D.
Sunnyland Borough Council

Answer 2

A.

Local planning authorities

Question 3

Which of the following is not applicable to interpretation of a landowner’s measured duty of care for a hazard arising naturally upon his land?

A.
How easy it would have been to address the problem?

B.
Whether the type and extent of damage that actually occurred was forseeable

C.
Whether it was fair, just and reasonbale in the circumstances to impose a duty

D.
Whether the landowner has had previous trouble with trespassers to his land

Answer 3

D.

Whether the landowner has had previous trouble with trespassers to his land

Question 4

The Occupiers’ Liability Act 1957 amends which area of the common law?

A.
Negligence

B.
Nuisance

C.
Trespass

D.
Human Rights

Answer 4

A.

Negligence

Question 5

Which of the following is the phrase used in Section 2(1) of the Occupiers’ Liability Act 1957 to describe the codified duty created by the Act?

A.
Common duty of care

B.
Common duty of humanity

C.
Common law of duty

D.
Civil duty of care

Answer 5

A.

Common duty of care

Question 6

Section 2(3) (a) of the Occupiers’ Liability Act 1957 requires an occupier to appreciate what?

A.
That cats may be less careful than dogs

B.
That children may be less careful than adults

C.
That children may be less careful than cats

D.
That adults may be less careful than children

Answer 6

B.

That children may be less careful than adults

Question 7

To what extent is damage to a person’s property covered by the Occupiers’ Liability Acts?

A.
The 1957 Act covers personal injury and property damage but the 1984 Act applies only to personal injury.

B.
The 1984 Act covers personal injury and property damage but the 1957 Act applies only to personal injury.

C.
Neither the 1957 Act nor the 1984 Act apply to property damage, they both only apply to personal injury.

D.
The 1957 Act and the 1984 Act both apply to property damage and personal injury.

Answer 7

A.

The 1957 Act covers personal injury and property damage but the 1984 Act applies only to personal injury.

Question 8

Is it ok to assume that you can leave a specialist contractor to plan and execute his work at your site and take his own responsibility for any site risks faced?

A.
Yes, you can leave a specialist to address the usual risks of his activity. But if there are other risks that you are aware of on your site you have a duty to manage these.

B.
No, you must make the site safe and ensure that he can carry out his specialist work without risk.

C.
Yes, provided you tell the specialist exactly how to do his job.

D.
No, you can leave a specialist to address the site-specific risks of his activity. But if there are usual risks that are part of his activity you have a duty to manage these.

Answer 8

A.
Yes, you can leave a specialist to address the usual risks of his activity. But if there are other risks that you are aware of on your site you have a duty to manage these.

Question 9

Which of the following is not a “premises” for the purposes of being covered by the Occupiers’ Liability Act 1957?

A.
A tower crane

B.
A canal barge

C.
A railway coach

D.
A pony

Answer 9

D.

A pony

Question 10

Can warning signs be used to discharge the 1957 Act’s requirement that occupiers’ must make the premises reasonably safe for the permitted use?

A.
Yes - provided the warning will be sufficient to enable the visitor to be reasonably safe there

B.
Yes - provided the warning will be sufficient to enable the visitor to be reasonably unsafe there

C.
No - unless the warning will be sufficient to enable the occupier to be reasonably safe there

D.
No - unless the warning will be sufficient to enable the occupier to be reasonably unsafe there

Answer 10

A.

Yes - provided the warning will be sufficient to enable the visitor to be reasonably safe there

Question 11

Which of the following is not a correct statement about how the Unfair Contract Terms Act 1977 is related to occupiers’ liability?

A.
It prohibits occupiers from using a sign or notice (or a contractual waver) to exclude business liability for death or injury casued by negligence

B.
Exclusion of business liability for loss or damage to a visitor’s property will only be valid if reasonable in the circumstances

C.
Business liability concerns “things done in the course of a business or from the occupation of premises used for business purposes of the occupier”

D.
It outlaws warning signs where the font used it too small to be legible

Answer 11

D.
It outlaws warning signs where the font used it too small to be legible

Consumer protection legislation does have a concern with targeting the use of ‘small print’ but the 1977 Act has nothing specific to say about the design and style of warning signs

Question 12

Which of the following is an accurate statement of the law?

A.
Trespassers will be prosecuted

B.
Trespassers will be sued

C.
Trespassers will be shot

D.
Trespassers will be detained

Answer 12

B.

Trespassers will be sued

Question 13

What does straying beyond your licence mean?

A.
Doing something or going somewhere other than what or where you have been permitted by the occupier to be or do.

B.
Doing something unlawful whilst attending a premises

C.
Not having your driving licence with you whilst on the public highway.

D.
Being told by the occupier that you are a trespasser

Answer 13

A.

Doing something or going somewhere other than what or where you have been permitted by the occupier to be or do.

Question 14

Which of the following are not features of the section 1(3) Occupiers’ Liability Act 1984 test to determine whether the occupier’s limited duty towards trespassers is triggered?

A.
That the occupier is aware of the danger or has reasonable grounds to believe that it exists

B.
that the occupier has reason to believe that trespassers will come into the vicinity of a known danger

C.
that the risk is one which, in the circumstances, it is reasonable for the occupier to offer some protection against

D.
that the trespasser is a child or vulnerable adult

Answer 14

D.

that the trespasser is a child or vulnerable adult

Question 15

The Tomlinson -v- Congleton Borough Council (2003) case involved what?

A.
an accident involving a person driving into a shallow lake

B.
an accident involving a person diving into a shallow lake

C.
an accident involving a person diving into a mallow lake

D.
an accident involving a cat driving into a shallow lake

Answer 15

B.

an accident involving a person diving into a shallow lake

Question 16

Which of the following doesn’t apply to correctly interpreting what ‘occupier’ means under the Occupiers’ Liability Acts

A.
Any person with a sufficient degree of control over premises can be regarded as an occupier

B.
The person does not need to be in physical occupation of the premises to count as an occupier

C.
The person does not need to have an ownership interest in the premises

D.
A landlord will always count as an occupier of the premises that he has leased to a tenant

Answer 16

D.

A landlord will always count as an occupier of the premises that he has leased to a tenant

Question 17

Section 4 of the Defective Premises Act 1972

A.
States that where a landlord has repair or maintenance responsibilities either in the lease granted to his tenant or as imposed by general law, then he owes a duty of care (i.e. in the tort of negligence) to any person who may visit the leased premises and be harmed there by things that he should have repaired or maintained.

B.
States that a builder who carries out works of construction or refurbishment at a property owes a duty of care (i.e. in the tort of negligence) to any future owner of that property in relation to those works.

C.
States that a builder who carries out works of construction or refurbishment at a dwelling owes a duty of care (i.e. in the tort of negligence) to any future owner of that property in relation to those works.

D.
States that where a tenant has repair or maintenance responsibilities either in the lease granted by his landlord or as imposed by general law, then he owes a duty of care (i.e. in the tort of negligence) to any person who may visit the leased premises and be harmed there by things that he should have repaired or maintained.

Answer 17

A.
States that where a landlord has repair or maintenance responsibilities either in the lease granted to his tenant or as imposed by general law, then he owes a duty of care (i.e. in the tort of negligence) to any person who may visit the leased premises and be harmed there by things that he should have repaired or maintained.

Question 18

Section 4 of the Health & Safety at Work Act 1974 imposes criminal liability upon a person with control over premises (including repair and maintenance) who fails so far as is reasonably practicable to do what?

A.
provide for the safety of his employees at the premises

B.
provide for the safety of his contractor’s employees at the premises

C.
provide for the safety of all members of the public at the premises

Answer 18

C.

provide for the safety of all members of the public at the premises

Question 19

Which of the following is not an accurate statement of the requirements of the Construction (Design & Management) Regulations 2015

A.
Require the parties involved in delivering a construction project to adopt statutorily defined roles in accordance with a formally documented safety allocation system under which clients retain core duties to adequately fund safety provision and to appoint a competent professional team

B.
Require the parties involved in litigating a construction project to adopt statutorily defined roles in accordance with a formally documented safety allocation system under which clients retain core duties to adequately fund safety provision and to appoint a competent professional team

C.
Require the parties involved in demolishing a construction project to adopt statutorily defined roles in accordance with a formally documented safety allocation system under which clients retain core duties to adequately fund safety provision and to appoint a competent professional team

D.
Require the parties involved in designing a construction project to adopt statutorily defined roles in accordance with a formally documented safety allocation system under which clients retain core duties to adequately fund safety provision and to appoint a competent professional team

Answer 19

B.
Require the parties involved in litigating a construction project to adopt statutorily defined roles in accordance with a formally documented safety allocation system under which clients retain core duties to adequately fund safety provision and to appoint a competent professional team

CDM does not stipulate how parties should resolve disputes or litigate them.

Question 20

A warning sign that refers to the Occupiers’ Liability Act 1995 is

A.
referring to the Scottish Occupiers’ Liability Act, and is ineffective as a warning notice in England

B.
copying a foreign notice found via google and is ineffective as a warning notice

C.
copying a foreign notice found via google and may be ineffective as a warning notice

D.
is effective as a warning notice

Answer 20

C.

copying a foreign notice found via google and may be ineffective as a warning notice