Occupiers' Liability

Question 1

Injuries whilst on someone’s property due to the state of what are governed by the Occupiers’ Liability Act 1957 and 1984?

Answer 1

state of the premises

Question 2

What does the OLA 1957 govern liability for injuries to?

Answer 2

Visitors

Question 3

What does the OLA 1984 govern liability for injuries to?

Answer 3

Non-visitors (usually trespassers)

Question 4

What is the duty of care owed to visitors under the OLA 1957?

Answer 4

A common duty of care to see the visitor will be reasonably safe using the premises for the purposes for which the visitor was invited/permitted to be there

Question 5

Under OLA 1957, the duty of care extends to the ______ of the visitor and their ________

Answer 5

person, property

Question 6

Under OLA 1957, occupiers should be prepared for _______ who are less careful than _______, and so may be required to take more care with respect of them

Answer 6

children, adults

Question 7

Under OLA 1957, a visitor who enters the premises on their own calling is expected to appreciate and guard against any _______ _____

Answer 7

special risks

Question 8

Are warnings generally enough to meet the duty of care owed under the 1957 Act?

Answer 8

No

Question 9

Under OLA 1957, an occupier will meet their duty of care if they took _______ _____ in entrusting the work of an _________ ________ and were reasonably satisfied they were competent and did the work properly

Answer 9

reasonable care, independent contractor

Question 10

What are two ways in which an occupier can exclude their duty of care owed to visitors?

Answer 10

1. Contract
2. Notice

Question 11

The wording of an exclusion of duty of care owed to visitors must be _____ and brought to the visitor’s attention _____ the contract is made or the risk is _________

Answer 11

clear, before, encountered

Question 12

Under the 1984 Act, when is a duty of care owed to trespassers? (3 requirements)

Answer 12

1. O is aware or ought to be aware of the danger
2. O is aware or ought to be aware that T may come into the vicinity of danger; and
3. The danger is one which in all circumstances, would be reasonable for O to offer protection

Question 13

What is the duty of care owed to trespassers under the 1984 Act?

Answer 13

To take such care as is reasonable in all the circumstances to see that the danger due to the state of the premises does not cause death or personal injury

Question 14

Does the duty under the 1984 Act extend to T’s property?

Answer 14

No

Question 15

Are warnings of danger generally sufficient to discharge a duty of care under the 1984 Act?

Answer 15

Yes

Question 16

Under the Defective Premises Act 1972, who is obliged/permitted to carry out repairs to the premises and has a duty of care in respect of defects?

Answer 16

landlord

Question 17

DPA 1972:
- Duty covers defects within the scope of Landlord’s ____ _________ or rights which they knew/ought to know about
- Owed to anyone who might ________ __ ______ to be affected by defect (including the tenant but also third parties)
- Duty is take reasonable ____ in all circumstances that those people are reasonably ___ from injury/damage to property

Answer 17

repair obligations, reasonably be expected, care, safe