Tort

Question 1

Regarding the premises, to what aspect do the relevant Occupiers’ Liability Acts apply?

Answer 1

The condition of the premises, not activities carried out on the premises

Question 2

What are the two Acts and what do they deal with?

Answer 2

• Occupiers’ Liability Act 1957 deals with an occupier’s duty to visitors
• Occupiers’ Liability Act 1984 deals with an occupier’s duty to persons other than visitors

Question 3

Who is a visitor under the 1957 and 1984 Acts?

Answer 3

A person whom the occupier has invited or permitted to be on the premises

Question 4

Under the 1957 Act, what does a person become if they enter the premises as a lawful visitor but exceed the scope of that permission?

Answer 4

Trespasser

Question 5

What is an occupier under both the 1957 and 1984 Acts?

Answer 5

The person who has control over the premises, who need not be the owner

Question 6

In a landlord-tenant situation, who is generally the occupier and what are some exceptions to this?

Answer 6

The tenant is generally the occupier, except for parts which have been excluded from the lease, e.g. common staircase

Question 7

What is a premises?

Answer 7

Land, and any buildings on the land.

The 1957 Act further applies to any fixed or moveable structure, e.g. scaffolding or ladders

Question 8

What is the duty of care owed by an occupier to visitors under the 1957 Act?

Answer 8

Duty to take reasonable care so the visitor is reasonably safe in using the premises for the purpose they have been invited or permitted

Question 9

Does an occupier’s duty under the 1957 Act also apply to a visitor’s property?

Answer 9

Yes

Question 10

To refresh, what two things will the court consider when determining whether the occupier exercised reasonable care under the 1957 and 1984 Acts?

Answer 10

1. The magnitude of the risk
2. Practicability of taking precautions

Question 11

What topics does the full Tort deck contain, and how do I access it?

Answer 11

The full deck contains over 260 flashcards dealing with the SRA syllabus:

• Intentional Torts;
• Negligence;
• Pure Economic Loss;
• Psychiatric Harm;
• Employers’ Liability;
• Vicarious Liability;
• Remedies for Personal Injury and Death;
• Occupiers’ Liability;
• Liability for Defective Products;
• Breach of Statutory Duty;
• Nuisance;
• Rylands v Fletcher.

Access is currently £25 per full subject, e.g. Tort, or £250 for access to all 16 SQE1 decks / £200 for 13 SQE2 decks. Visit www.cleverprep.co.uk to arrange full access.