Tort - Occupiers Liability

Question 1

Occupiers Liability Act 1957

Answer 1

Original Law regulating LAWFUL visitors - trespassers were owed no duty of care

Question 2

Occupiers Liability Act 1984

Answer 2

Trespassers owed duty of care

Question 3

Occupier

Answer 3

a person who has CONTROL over the state of that property

Question 4

Wheat v E Lacon and Co

Answer 4

There can be more than one occupier

Question 5

Harris v Birkenhead

Answer 5

Council can be held occupiers

Question 6

Bailey v Armes

Answer 6

There can be no occupiers

Question 7

S.1 (3) (a) Occupiers Liability Act 1957

Answer 7

Any fixed or moveable structure including any vessel, vehicle and aircraft

Question 8

s.2 Occupiers Liability Act 1957

Answer 8

Adult Visitors are owed a duty of care by occupiers

Question 9

s.2(2) OLA 1957

Answer 9

Adult visitor is owed a common duty of care as reasonable steps

Question 10

Laverton v Kiapasha

Answer 10

no need to go above and beyond

Question 11

Debell

Answer 11

occupiers cannot make sure that premises are in constant pristine condition
real source of danger

Question 12

Cole v Davis

Answer 12

duty cannot last indefinitely

Question 13

S.2(3) OLA 1957

Answer 13

Occupier must be prepared for children to be less careful than adults

Question 14

Glasgow v Taylor

Answer 14

Should be no allurement

Question 15

Phipps v Rochester

Answer 15

Parents should not allow children to go places that are potentially unsafe

Question 16

Jolley v Sutton

Answer 16

Type of damage must be reasonably foreseeable not the way which it happens

Question 17

S.2(3)(b) OLA 1957

Answer 17

Occupier should expect tradespeople to guard against any special risks

Question 18

Roles v Nathan

Answer 18

Occupier not liable if tradesperson is doing something related to their trade

Question 19

S.2(4) OLA 1957

Answer 19

if a visitor is injured due to contractors occupiers may have a defence

Question 20

It must have been reasonable for the occupier to pass on the work to a contractor

Answer 20

Haseldine v Daw and son

Question 21

Contractor must be competent and occupier must have checked the insurance

Answer 21

Bottomley v Todmorden

Question 22

Occupier must have checked the work had been done properly

Answer 22

Woodward v Mayor of hastings