Seen Question Flashcards
Introduction - what is a premises as defined in law and in the case of Joley v Sutton and apply to question?
Anything you can get into or on top of
Apply - the question is about a house which is a premises
What is the definition of occupiers liability?
A duty of care is owed by land owners to those who come into their lands
Is liability just for land owners and apply?
Liability isn’t just for land owners, in some cases they can transfer their duty of care
Apply - Constance isn’t the land owner she is the estate manager, however she can be held liable for a breach of duty of care under OLA 1957 and 1984 as she has control over the property. This would make her the defendant in the case.
What case supports that a manager can be held liable as the occupier?
Wheat v Lacon - held that the manager of the pub was liable for the injuries sustained by a guest, not the landowner
OLA 1957 - what constitutes a lawful visitor and apply?
Clifford and Oliver were invited into the house so they are considered as lawful visitors under S.1 (2) OLA 1957
OLA 1957 - what is the common duty of care which is set out in s.2(2)
The common doc is to take such care in all the circumstances of the case is reasonable to see that the visitor is reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there
OLA 1957 - does Constance meet the duty of care?
Constance knew about the floorboards long before the opening and failed to warn her guests so she has breached her doc in regards to Oliver
Could Oliver sue under OLA 1957?
Yes
Could Clifford sue under OLA 1957?
No because at the time of his injury he was not a lawful visitor as he had been warned not to go into the kitchen because there was a slip hazard but did it anyway
Can Constance be held liable under 1957 OLA in regards to Clifford?
No supported by white v Blackmore
What is OLA 1984?
Imposed a duty on occupiers in relation to persons ‘other than his visitors’ (s.1(1)a OLA 1984)
Was Clifford a lawful visitor or trespasser?
Clifford started as a lawful visitor but became a trespasser once he exceeded the scope of his permission to be on the property (once he entered the out of bounds kitchen)
What case supports the fact that Clifford became a trespasser?
Maloney v Torfaen County Borough Council
Does occupier have the same meaning as under the 1957 act?
Yes (s.1(2) OLA 1984)
What does S.1(3) OLA 1984 state about the doc owed to trespassers?
A) the occupier had knowledge of the danger
B) the occupier had knowledge of the trespasser and that they would be in the vicinity of the danger
