The Occupiers Liability Act 1957

Question 1

OLA 1957 is concerned with…

Answer 1

An occupiers duty towards lawful visitors.

Question 2

Occupier

Answer 2

S1(2) person treated as such under common law + has sufficient degree of control over property (Wheat v Lacon).

Question 3

Premesis

Answer 3

S1(3)(a) fixed/ moveable structure (including vessel, vehicle/ aircraft).

Question 4

Lawful visitor

Answer 4

S1(2) express/ implied permission to enter.

Question 5

Types of lawful visitors

Answer 5

Invitee, licensee, under statute, contractual.

Question 6

Standard of duty: adults

Answer 6

S2(2) common duty to lawful visitor ‘reasonably safe’ (Laverton v Kiapasha) no duty to keep them ‘completely safe’

Question 7

Standard of duty: children

Answer 7

S2(3)(a) occupier must be prepared for children to be less careful than adults (Maloney v Lambeth)

Question 8

Doctorine of allurement

Answer 8

Inticing + dangerous for children (Jolley v Sutton)

Question 9

Supervision of children

Answer 9

Occupier should expect children to be properly supervised (Phipps v Rochester).

Question 10

Specialist visitors

Answer 10

S2(3)(b) occupier may expect specialist visitor to be aware/ protect against own specialisim (Roles v Nathan).

Question 11

Discharging duty?

Answer 11

D acted as reasonable man in the same circumstances to keep lawful visitor safe (Tedstone v Bourne Leisure Ltd)

S2(4) reasonable warnings (Woolins v British Celanese).

Question 12

Defences

Answer 12

1. S2(4)(b) independent contractors
2. S2(3) contributory negligence
3. S2(5) consent
4. S2(1) excluding liability

Question 13

Remedy

Answer 13

Damages for death, personal injury + property damage - s1(3)