Tort - Occupiers' Liability

Question 0

Harris v Birkenhead

Answer 0

Actual physical possessiom is not necessary to be an occupier.

Question 1

Wheat v E Lacon

Answer 1

Occupiers are those with a degree of control over the premises and ought to realise that any failure on their part to use care may result in injury (Denning)

Can be multiple occupiers.

Question 2

Calgarth

Answer 2

Permission extended to a visitor may be implied or expressed but it is limited. “when invite a person into your house to use the staircase, you do not invite him to slide down the bannister (Scrutton LJ)

Question 3

Lowery v Walker

Answer 3

Where an occupier tolerates the use by members of the public using his property as a shortcut, it is implied that he grants them permission to enter.

Question 4

Edwards v Railway executive

Answer 4

A repeated tresspasser is not a licensee.

Question 5

Gould v McAuliffe

Answer 5

If an occupier wishes to place limitations upon a visitor then he must take steps to bring the limitation to the visitor’s attention (notices, locking gates etc)

Question 6

Murphy v Bradford

Answer 6

The duty of care is decided on each case

• reasonable safety of the visitor for the purpose he is there?
• is the visitor safe as opposed to the premises?
• what is reasonable in the circumstances.

Question 7

Phipps

Answer 7

Children are less careful than adults and takes more to make them safe
However, parents have a responsibility to keep their children safe too.

Question 8

Glasgow Corp v Taylor

Answer 8

Set the allurement argument - if within easy reach of a child. (must remove or warn)

Question 9

Roles v Nathan

Answer 9

Skilled workers are expected to appreciate and guard against any risks associated with the job he is there to complete, so far as the occupier leaves him free to do so.

Question 10

Darby v National Trust

Answer 10

If risk is obvious do not need to advise.

Must enable the visitor to be reasonably safe.

Question 11

Clare v Perry

Answer 11

Duty of care does not impose an obligation to a visitor in respect of risks willingly accepted by the visitor

Question 12

Holden v White

Answer 12

Can be liability to those injured exercising a public right of way.

Question 13

Greenhalgh

Answer 13

Tose exercising Public rights of way were not visitors under the 1957 Act

Question 14

Tomlinson

Answer 14

Warnings that are ignored by a trespasser remove liability under 1984 Act

Question 15

Ratcliff v McConnell

Answer 15

Volenti is a defence where a trespasser accesses when prohibited and ignores danger because he is intoxicated.