Tort OLA Flashcards
S2(1) OLA 1957 ADULT VISITORS
Invitees, licensees, contractual permission, statutory
S2(2)- common duty of care
Laverton v Kiapasha takeaway
S2(3) OLA 1957 CHILD VISITORS
Same common duty plus S2(3) (premises must be safe for children of any age)
Glasgow Corporation v Taylor
S2(3)b OLA 1957 WORKERS
S2(3)b- worker will protect themselves from a risk related to their job. If injured by something else, occupier may be liable (Roles v NAthan)
To shift blaime from occupier:
1. Work complicated (Haseldine v Draw and sons)
2. Contractor must be competent (Bottomley v Todmorden)
3. Occupier must check work afterwards (Woodward v the Mayor of Hastings)
Identify Occupier
Harris v Birkenhead- in control of premise
Wheat v E Lacon- doesn’t need to live there
Identify Premise
S1(3)(a) OLA 1957- any fixed or moveable structure
S1(1)(a) OLA 1984/1957
A duty applies to people other than lawful visitors (according to 1957 Act)
Adult and child trespassers
Owe a duty under s1(3) OLA 1984
- Aware of danger/ reasonable grounds to belive it exists
- Know the person is in proximity of danger
- Expected to offer protection
S1(4) OLA 1984
Need to prevent risks
OLA 1984 ADULT TRESPASSERS
Not liable if injured by obvious danger [Ratcliff v McConnell]
Time and date deciding factors [Donoghue v Folkstone Prosperties]
Occupier doesn’t need to spend money to make premise safe [Tomlinston v Congleton Borough]
Occupier not liable of they were unaware of trespasser [Higgs v Foster] or danger on premise [Rhind v Astbury water park]
OLA 1984 CHILD TRESPASSER
No additional duty under 1984 act
Occupier not liable if injured by obvious danger [Keown v Coventry Healthcare NHS Trust]
OLA CONTRIBUTORY DEFENCE
Law reform 1945: both claimant+defendnat partialy to blame
Sayers v Harlow-25% reduction
