Tort Law - OLA 1957 Flashcards
what does this act cover and what can they claim for?
Lawful visitors - can claim for personal injury and property damage
what is a lawful visitor?
someone who my have permission to be on the premises
what are the 4 types of lawful visitor?
adults, children, tradesmen/rescue workers and independent contractors
what is the law on adult visitors?
the claimant must be kept reasonably safe for the purpose of their visit
what case example can be used for ‘adult’?
Rochester Cathedral - C fell into a lump of concrete from a damaged bollard. No claim because it was reasonable safe.
what is the law on child visitors?
premises must be kept reasonably safe for a child of that age.
if very young the blame shifts to the parents.
must be extra care taken if there are allurements on premises.
what case example can be used for ‘child’?
Taylor - 7 year old ate poisonous berries from a shrub in the park and died. Occupier was liable as they were aware the shrub was an allurement for children.
what is the law on tradesmen and rescue workers?
C must be kept reasonably safe for the purpose of their visit. Must guard themselves against associated risks with their role.
what case example can be used for ‘tradesman/rescue workers’?
Roles - 2 chimney sweeps died after inhaling aspestos. Cs aware of the risks but chose to continue work. Occupier not liable.
what is the law on ‘independent contractors’?
liability can be passed into the contractor if the occupier: acted reasonably in entrusting the contractor, took reasonable steps to satisfy that the contractor was competent and took reasonable steps to inspect the work.
what case example can be used for ‘independent contractors’?
Haseldine - Independent contractor was repairing a lift but the lift fell down the shaft and injured C. Contractor liable for C’s injuries.
what defences are available?
- consent
- contributory negligence
- warning notices - must be in sufficient view
- exclusion clauses - must be somewhere where one can see it before entering
what case example can be used for ‘warning notices’?
Darby v National Trust - C swam in a national trust pond. People advised against swimming. C drowned. NT not liable.
what are some positive evaluation points on OLA 1957?
✅ flexible - covers both personal injury and property damage
✅ considers the safety of children of all ages
✅ PS is respected
✅ logical and clear defences
✅ fair and logical that there’s extra rules for children
✅categories include everyone
what are some negative evaluation points on OLA 1957?
❌ independent contractor rules are vague - might not understand what you are inspecting
❌ cost/time/delay of court
❌ protection from allurements can be a cost for the occupier
