Tort: Occupier's Liability Flashcards
What did the Occupier’s liability Act 1957 provide?
It provided statutory duty on the occupier towards lawful visitors in respect of danger caused due to the state of the premises.
What did the Occupier’s Liability Act 1984 provide?
It imposed a duty of common humanity to trespassers.
What example case demonstrates the test deciding where the person is an occupier?
Wheat V E Lacon & Co Ltd: The House of Lords held that both the manager and employers could be occupiers of the pub.
What does S1(3)(a) of the Occupier’s liability Act 1957 state as definition of premises?
A person having occupation or control of any ‘fixed or moveable structure’.
What does S2(1) of the Occupiers’ Liability Act 1957 provide?
The occupier owes a lawful visitor the common duty of care:
Adults, children, workmen
What are the four types of adult visitors? (S2(2) of the Occupiers’ Liability Act 1957)
Invitees – persons who have been invited or have permission to be there
Licensees – persons who may have permission to be on the land for a particular period
Those with contractual permission – for example, a person who has bought an entry ticket for an event
Those given a statutory right of entry such as meter readers and police constables exercising a warrant.
What is an example case to show that the occupier does not need to make the premises completely safe but only do what is reasonable?
Laverton v Kiapasha Takeaway Supreme 2002: The Court of Appeal decided that the shop owners had taken reasonable care to ensure its customers were safe. They were not liable.
What does S2(3) of the Occupiers’ Liability Act 1957 provide?
The occupier must be prepared for children to be less careful than adults so the premises must be reasonably safe for a child - there is an additional special duty owed to child visitors.
How is the standard of care measured for children?
Subjectively, according to the age of the child. However, the courts are reluctant to find the occupier liable as the child should be under the supervision of an adult as shown in Phipps v Rochester Corporation (1955): The court decided that the council was not liable because the children should have been supervised in potentially unsafe areas.
What is an example case that shows that children are owed an additional duty of care?
Glasgow Corporation v Taylor (1922): The council was liable to the child’s parents because the poisonous shrub was not fenced off.
What does S2(3)(b) of the Occupiers’ Liability Act 1957 provide?
The occupier owes a tradesman coming on to the premises the common duty of care but expects that person to guard themselves against any special risks because they will not be liable if they fail to do so.
What is an example case for occupiers’ liability to people carrying out a trade or calling?
Roles V Nathan 1963: The occupiers were not liable as they expected the chimney sweeps to be aware of the danger.
What can act as a defence to an occupier in a dispute between a tradesman visitor?
The tradesmen was injured by something relating to their trade so they didn’t guard themselves of any special risks. S2(4) of the Occupiers’ Liability Act 1957
What are the three requirements that must apply, under S2(4) of the Occupiers’ Liability Act 1957?
It must be reasonable for the occupier to have given the work to the independent contractor.
The contractor hired must be competent to carry out the task.
The occupier must check the work has been properly done.
What are the defences to an occupiers’ liability claim?
consent
contributory negligence
warning notices.
