22. OLA 1957

Question 1

4 Elements of OLA 1957

Answer 1

1.Occupier
2.Premises
3.Lawful Visitor
4.Duty of Care

Question 2

Occupier under OLA 1957

Answer 2

(Wheat v Lacon)
- Someone with a ‘degree of control’ over the premises
- There can be multiple occupiers

Question 3

Premises under OLA 1957

Answer 3

• Land and buildings
• fixeable and moveable structures, vessels and aircrafts
• (Wheeler v Copas) Ladder was premises

Question 4

Lawful Visitors under OLA 1957

Answer 4

• Anyone with the occupier’s permission: invitees, licencees, contractors
• Express or implied permission
• Repeated visits (Lowry v Walker)
• Statutory
• Doctrine of allurement (Jolley v Sutton LBC)
• Entry needed to communicate (Robson v Hallet)
• Permission can be removed but need to be given reasonable time to leave. OLA 1984

Question 5

Common duty of care under OLA 1957

Answer 5

OLA 1957 s.2(2)
- “reasonable to see the visitor will be reasonably safe when using premises for purposes he is invited”
- (The Calgarth) no DOC if out of permission.

Question 6

Duty of Care to children under OLA 1957

Answer 6

OLA 1957 s.2(3)
* Must be prepared for children to take less care than others
* Doctrine of allurement
- should protect premises from anything that can allure children (Glasgow corp. v Taylor)
- very young children should be supervised by parents (Philips v Rochester corp)

Question 7

Duty of care to tradies under OLA 1957

Answer 7

• Not liable if they know risks but fail to protect themselves (Roles v Nathan)
• If reliable tradey fucks up not liable (Haseldine v Daw + Son ltd)
  providing that
  a) reasonable to trust person
  b) reputable person used
  c) occupier checked work