1957 Independent contractors

Question 1

Damage was caused by and IC

Answer 1

Jones v BBC

Question 2

Onus is that it was reasonable

Answer 2

Maguire v Sefton Council

Occupier did not check work but hired the IC to continue performing maintenance

Question 3

Technical work

Answer 3

Haseldine v Daw

The more technical the work, the lower the onus is on the occupier to check that the work has been done correctly themselves.

Should have it checked by another professional though.

Question 4

Steps to check during the work and not just after

Answer 4

Fergusen v Walsh

Question 5

Subcontractors

Answer 5

Fergusen v Walsh

O will not be liable for actions of subcontractors if it was forbidden and they were unaware of them.#

If they were aware, same standard applies

Question 6

Dualy liable

Answer 6

Collier v Anglian Water

Both council and company were held jointly liable, they had shared but not overlapping powers.

Question 7

Non delegable duties

Answer 7

Woodward v Mayor of Hastings

Duty owed by an occupier is non-delegable.

If the occupier had sufficient control and could check the work of an independent contractor, they could still be liable

Question 8

Checking of insurance (reasonable to entrust0

Answer 8

Gwilliam v West Hertfordshire

Merely checking may be enough, this was dissented.

No duty to check that the insurance company would actually be able to pay out to the claimant.