(RED) OLA

Question 1

OLA 57

Answer 1

Liability of occupiers for state of premises for those who enter with permission
personal injury AND property

Question 2

Express Permission

Answer 2

invited on to premises including buying ticket etc

Question 3

Implied permission

Answer 3

Where you would expect t be able to enter e.g postman and letterbox

Question 4

Wheat V E Lacon

Answer 4

Occupier is anyone who has control over the premesis

Question 5

Premises

Answer 5

“land, buildings, any fixed or moveable structure, including any vessel, vehicle or aircraft”

Question 6

Common duty of care

Answer 6

S2 (2)
“visitor will be reasonably safe in using premises for purpose for which he is invited”

Question 7

Staples V West Dorset DC

Answer 7

Algae on beach
No warning necessary if danger is clearly visible

Question 8

Children

Answer 8

S2 (3) (a)
“occupier must be prepared for children to be less careful than adults”
“premises must be reasonably safe for a child of that age”

Question 9

Glasgow Corporation V Taylor

Answer 9

Poisonous berry’s in park
Allurement

Question 10

Perry V Butlins

Answer 10

Sharp wall
Premises not safe for a child of that age

Question 11

Jolley v LB of Sutton

Answer 11

Jacked up abandoned boat
Allurement - but not forseeable they would jack it up so NL

Question 12

PEC

Answer 12

a person in the exercise of their calling “will appreciate and guard against any special risks ordinarily incident to it

Question 13

Roles V Nathan

Answer 13

Chimney sweeps killed by carbon monoxide gas
Persons exercising calling - risk incidental to the trade
Not liable

Question 14

Phipps V Rochester Corporation

Answer 14

5 yo on building site
No sensible parent would allow child - NL

Question 15

Ogwo V Taylor

Answer 15

Set fire to house negligently, firefighter injured
No care wouldve protected, no choice but to do job - L

Question 16

Independent contractors

Answer 16

S2 (4) (b)
occupier will not be held liable if:
- reasonable steps to ensure contractor competent
- check work if possible

Question 17

Haseldine V Daw

Answer 17

incompetent lift repair
occupier could not possibly check work - NL

Question 18

Woodward V Mayor of Hastings

Answer 18

child slipped school
occupiers liable if not checked contractors work

Question 19

Defences

Answer 19

contributory
volenti
warnings
exclusion cause - cannot exclude death or personal injury

Question 20

OLA 84

Answer 20

trespassers
personal injury NOT property

Question 21

Tomlinson V Congleton

Answer 21

jumped in lake with signs
became a tresspasser

Question 22

Occupier owes a duty if

Answer 22

Aware of danger or has reasonable grounds to believe it exists
Know or have reasonable grounds to believe that person is in vicinity of danger concerned - Swain v Natui Ram Puri, Scott V ABP, Glasgow corp v taylor
Risk is one which in all circumstances occupier may reasonably be expected to offer some protection from - Platt V Liverpool

Question 23

Swain V Natui Ram Puri

Answer 23

9 yo injured climbing on roof
occupier had no reasonable grounds to believe child might enter vicinity - NL

Question 24

Scott V ABP

Answer 24

2 incidents 4 years apart
owe DOC d]second time - aware they could enter vicinity

Question 25

Platt v Liverpool

Answer 25

killed in derelict building, secured and regularly checked
Had done all that was reasonable in all circumstances