The defences to a occupier's liability claim

Question 1

The three defences to a claim of occupier’s liability.

Answer 1

1) Consent
2) Contributory negligence
3) Warning notices

Question 2

What Act provides the defence to a claim of occupier’s liability on the grounds of contributory negligence?

Answer 2

The Law Reform (Contributory Negligence) Act 1945

Question 3

Sayers v Harlow Urban District Council (1958)

-what are the facts and what is the defence?

Answer 3

CONTRIBUTORY NEGLIGENCE
Facts: Woman trapped in public toilet by faulty locking mechanism-attempted to escape inappropriately and was injured. Council liable for damages but damages reduced by 15% for her actions.

Question 4

Jayes v IMI Ltd (1985)-what are the facts and what is the defence?

Answer 4

CONTRIBUTORY NEGLIGENCE
Facts: C lost a finger while cleaning a machine with no guard-employers found liable but damages owed reduced by 100% as C removed the hand guard.

Question 5

Rae v Marrs Ltd (1990)-what are the facts and what is the defence?

Answer 5

WARNING NOTICES

Facts: The premises was a deep pit inside a dark shed so a warning, by itself, was insufficient.

Question 6

Staples v West Dorset District Council (1995)-what are the facts and what is the defence?

Answer 6

WARNING NOTICES

Facts: The danger of wet algae on a high wall should have been obvious, and no further warning was required.

Question 7

CONTRIBUTORY NEGLIGENCE
Facts: C lost a finger while cleaning a machine with no guard-employers found liable but damages owed reduced by 100% as C removed the hand guard.

Answer 7

Jayes v IMI Ltd (1985)

Question 8

WARNING NOTICES

Facts: The premises was a deep pit inside a dark shed so a warning, by itself, was insufficient.

Answer 8

Rae v Marrs Ltd (1990)

Question 9

WARNING NOTICES

Facts: The danger of wet algae on a high wall should have been obvious, and no further warning was required.

Answer 9

Staples v West Dorset District Council (1995)

Question 10

CONTRIBUTORY NEGLIGENCE
Facts: Woman trapped in public toilet by faulty locking mechanism-attempted to escape inappropriately and was injured. Council liable for damages but damages reduced by 15% for her actions.

Answer 10

Sayers v Harlow Urban District Council (1958)

Question 11

What section of the 1957 act allows for a defence of consent?

Answer 11

s2(1)-extend, restrict, modify or exclude his duty to any visitor.

Question 12

s2(1) Occupiers’ Liability Act 1957

Answer 12

Provides for the defence of consent regarding occupiers’ Liability.

Question 13

What type of premises does s2(1) Occupiers’ Liability Act 1957 not cover?

Answer 13

Business premises.

Question 14

In what way does the Unfair Contract Terms Act (1977) affect the liability of occupiers regarding business premises?

Answer 14

Business premises are not entitled to a defence of consent regarding occupiers’ liability.

Question 15

Meaning of ‘volenti non fit injuria’

Answer 15

If someone willingly places them self in a position of harm they cannot or may not be eligible to bring a claim against the other party

Question 16

If someone willingly places them self in a position of harm they cannot or may not be eligible to bring a claim against the other party

Latin translation

Answer 16

Volenti non fit injuria