Tort 4 - Occupiers Liability

Question 1

What is the difference between the Occupiers Liability Act 1957 and 1984?

Answer 1

1957: Visitors
1984: Non-visitors e.g. trespassers

Question 2

What do the occupiers liability acts relate to?

Answer 2

State of the premises, not activities carried out on premises

Question 3

What is the occupiers duty to visitors?

Answer 3

1. Common duty of care to all visitors
2. Visitor reasonably safe
3. Occupier to take reasonable care
4. For purpose which they were permitted

Question 4

What are the 2 classes of visitors and duty of care to each?

Answer 4

1. Children - more precautions for higher standard of care
2. Exercise of calling e.g. electrician - less precautions for lower standard of care

Question 5

How can a duty be discharged under OLA?

Answer 5

1. Warnings
2. Independent contractors

Question 6

What is the case regarding warnings for visitors?

Answer 6

Not enough to discharge duty unless in all circumstances it was enough for visitor to be reasonably safe

Visitors must still be able to use premises safely

Question 7

How can a duty be discharged through independent contractors?

Answer 7

1. Occupier acted reasonably entrusting work of an independent contractor
2. Occupier satisfied that:
   - contractor was competent
   - checked the work was properly done

Question 8

What are the defences for liability under OLA 1957?

Answer 8

1. Exclusion of liability
2. Voluntary assumption of risk
3. Contributory negligence

Question 9

When can an occupier not exclude liability?

Answer 9

When occupier acts in the course of business

Question 10

What exclusions are not permitted if an occupier is acting in the course of business?

Answer 10

1. Death and personal injury
2. Other damage liability excluded if:
   Fair (non-business visitors)
   Reasonable (business visitors)

Question 11

What are the requirements for notice to effectively excluded liability?

Answer 11

1. Wording of exclusion clear that it covers damage in question
2. Exclusion adequately brought to visitors attention

Question 12

In contractual exclusions, how would an occupier satisfy notice requirements?

Answer 12

Bringing to visitor attention before contract is made e.g. before purchase of ticket

Question 13

In non- contractual exclusions, how would an occupier satisfy notice requirements?

Answer 13

Bringing to visitor’s attention before they encounter risk for which liability is excluded

Must be reasonable steps taken

Question 14

When is a duty of care owed to non-visitors under 1984 Act?

Answer 14

1. Aware of danger
2. Aware of trespassers
3. Danger is one which be reasonable for occupier to offer protection

Question 15

What duty is owed to trespassers under 1984 act?

Answer 15

To take reasonable care to protect against injury

Does not cover damage to property

Question 16

How will the courts assess if the occupier discharged the duty?

Answer 16

Magnitude of harm vs precautions which would be reasonable for occupier to take

Question 17

What is the case regarding warnings for non - visitors?

Answer 17

Occupier can discharge duty by giving warning of the danger or to discourage trespasser from taking risk

Question 18

Who may owe a duty of care under Defective premises Act 1972?

Answer 18

Landlords

Question 19

When does a duty of care arise under Defective Premises Act 1972?

Answer 19

When landlord carrying out repairs under obligation as landlord

Question 20

What does the duty of care cover under DPA?

Answer 20

Defects in repairs under landlord obligations.

Question 21

Who is a duty of care owed to under DPA?

Answer 21

Anyone reasonably expected to be affected by the defect

Question 22

What is the duty of care under DPA?

Answer 22

1. To take reasonable care
2. To ensure reasonably safe from personal injury or damage to property