Tort - Occupiers Liability '57

Question 1

Definition

Answer 1

A person is injured or property damaged as a result of an accident on someone else’s premises

Question 2

Three cases for occupiers and premises def.?

Answer 2

1. Wheat v E.Lacon - Can be more than one occupier
2. Harris v Birkenhead Corporation - effective ctrl.
3. Bailey v Armes - sufficient ctrl.
   - Fixed or moveable structure

Question 3

Lawful visitor examples?

Answer 3

• Invitee, Licenses, Contractual, Statutory Rights (eg. meter readers)

Question 4

Laverton v Kiapasha Takeaway Supreme?

Answer 4

Occupier doesn’t have to make premises completely safe

Question 5

Rochester Cathedral v Debell?

Answer 5

Needs to be real source of danger

Question 6

Cole v Davis-Gilbert

Answer 6

No liability pure accidents

Question 7

Liability to children: Principle + cases

Answer 7

• Premises must be safe for children
  1. Must remove allurements (Glasgow Corp. v Taylor)
  2. Supervised (Phipps v Rochester Corp.)
  3. Don’t need to foresee type of injury, just that injury itself is foreseeable (Jolley v Sutton)

Question 8

Liability to trade?

Answer 8

Not liable if tradesman should’ve known danger (Roles v Nathan)

Question 9

Independent contractor three elemements?

Answer 9

1. Reasonable for occupier to give work to I.C (Haseldine v Daw & Son)
2. Competent contractor (Bottomley v Todmorden Cricket club)
3. Occupier checked work (Woodward v Mayor of Hastings)

Question 10

Extra defences: (2)

Answer 10

1. Warning notices (Rae v Marrs)
2. Exclusion Clauses