Unit 9 Flashcards
Prior to the Occupiers’ Liability Act 1957, there were four categories of entrants onto land. To whom was the highest duty of care owed?
Contractor
Under the old law it was held that repeated trespass could confer a licence.
False- in Edwards v Railway Executive Lord Goddard held that repeated trespass did not confer a licence.
The standard of duty owed under the 1957 Act, the ‘common duty of care’ is:
similar to that of the Donoghue v Stevenson neighbour principle.
Which of the following types of events would not be covered by the occupancy duty under the 1957 Act?
Negligently allowing a fire to start in a kitchen, which leads to the injury of a firefighter who is putting it out.
Which of the following cases did not apply s.2(3)(a) of the 1957 Act?
Roles v Nathan- this case concerns s 2 (3) (b) – the duty to skilled visitors.
What is required by the 1957 Act for a warning to discharge the occupier’s duty of care?
That it be enough in all the circumstances to enable the visitor to be reasonably safe.
Which of the following statements is not accurate regarding the occupier under the 1957 Act?
There is never more than one occupier of a given premises.
Which of the following occupiers would be entitled to exclude liability under the 1957 Act?
A domestic householder- the 1977 Act applies to business rather than domestic occupation. The householder is permitted by s 2(1) of the 1957 Act to limit or exclude liability if he wishes.
A builder can be liable under statute if someone is injured due to the faulty construction of a premises.
True- see the Defective Premises Act 1972 s 1(1).
Which case established the duty of ‘common humanity’ to trespassers?
British Railways Board v Herrington
Which statement best summarises the decision in Tomlinson v Congleton BC?
The Council was not liable to the claimant under the 1984 Act because the danger was obvious and the accident was caused by his own misjudgement.
Which of the aspects listed below constitutes a difference between the 1957 and 1984 Acts?
The duty is owed in respect of physical injury and property damage.
