Tort - Occupiers Liability 1957 Flashcards
What is the first step in Occupiers Liability 1957?
Is the Defendant a Lawful Visitor? - A lawful visitor is someone who has permission to be on the land, it can be either express or implied.
What is the second step in Occupiers Liability 1957?
Is a duty owed? - By s2(1) of the OLA 1957, an occupier of the premises owes a duty of care to all his lawful visitors.
What is the third step in Occupiers Liability 1957?
Was the duty breached? - The standard of care is the same to be shown in ordinary negligence - Should act as the REASONABLE occupier would have done in the same circumstances. Bolton v Stone 1951, Paris v Stepney 1951, Latimer v AEC 1953
What is the fourth step in Occupiers Liability 1957?
Causation and Remoteness - Claimant must prove that defendants actions caused caused his loss and that any loss is not too remote a consequence of the negligence.
What are the 4 instances where permission is implied?
1) Repeated visits, the occupier knows of or should know of the visitor Walker 1911
2) Doctrine of Allurement, Child will not be a trespasser if attracted by something on land. Jolley v Sutton 2000
3) Entry in order to communicate - Can walk up a front path to door with the purpose of communicating.
4) Statutory powers of entering E.g. Reading a gas meter
How is duty of care defined?
The occupier should only act with reasonable care and he should ensure that his visitor is kept reasonably safe, not the premises.
-The state of the premises must pose a real threat of danger before forseeability of the risk of damage can be found(floodgates)(Dean and Chapter of Rochester Cathedral 2016)
Where does a Duty of care not extend to?
Does not extend to pure accidents.
-A duty only has a finite amount of time, i.e where an injury takes place over two years after an event (Royal British legion and others 2007)
What can an occupier do with their duty of care?
They can discharge their duty of care - s2(4)a of OLA 1957 by providing reasonable warnings (Woolins v British Celanese 1966)
What are the three instances when an occupiers duty is varied?
1) Children - s2(3)a, occupier must be prepared for them to be less careful than adults ( Lambeth Borough Council 1966)
2) Specialist Visitor - Should guard against risks related to his specialism (Roles v Nathan 1963)
3) Independent Contractors - The contractor must be compitent to carry out the task and should check that the contractor is properly insured (Todmorden Cricket Club 2003)
