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Law Unit 4 > NEGLIGENCE-occupiers liability 1957/1984 > Flashcards

NEGLIGENCE-occupiers liability 1957/1984 Flashcards

1
Q

what does the ola 1957 apply to?

A

visitors

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2
Q

what is ola 1957 and section?

A

s2 (1) the occupier of premises owes his visitor a common duty of care

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3
Q

what rules overlap with act?

A

negligence rules

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4
Q

when do you use ola 1957?

A

incidents happen when and on premises
can use neg but this is better bet
only relative to owner of land

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5
Q

what happens within the test for duty?

A

need to identify occupier
need to identify premises
need to identify visitor

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6
Q

cases for identifying occupier?

A

ward v tesco/wheat v lacon

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7
Q

not just the person occupying = ocuppier it could be?

A

absent owner,landlord,private contractor

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8
Q

what are the examples of an occupier?

A

owner
landlord-whoever excercises premises
contractor- could be responsible for part of it whilst doing job

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9
Q

what does it mean by identify premises?

A

could be anywhere could be shop/factory not just home

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10
Q

what is section for identify visitor?

A

s.2 (2)

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11
Q

what does it mean by identify visitor?

A

“anyone invited or permitted to be on land”
permission may be expressed or implied -e.g postman
visitor may become a trespasser and vice versa e.g if exceeds terms of situation=party

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12
Q

what is the case for exceeding terms?

A

lord justice scruton

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13
Q

what must the visitor also do?

A

take reasonable care of himself

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14
Q

what other type of visitor can you get?

A

children

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15
Q

what do children visitors deserve and section?

A

extra care than adults s.2 (3)(a)

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16
Q

what are the cases for children?

A

glasgow corp v taylor - berries “allurement”

sutton lbc v jolley-council liable children expected to mischief

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17
Q

how are children trespassers under 57 act?

A

due to allurement

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18
Q

what is a special consideration with children?

A

less care w younger children as there is interference that they have adult supervision (must be reasonable supervision)

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19
Q

case for adult supervision?

A

phillips v rochester corp

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20
Q

what is dependant on extra care with visitors?

A

age and it makes the care fluctuate

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21
Q

what happens with visitors and signs?

A

visitors can be excluded where reasonable

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22
Q

where will the sign not apply?

A

those with implied or stat authority

23
Q

what can be limited tho?

A

area of entry as can purpose of visit/duration- up to visitors establish duty

24
Q

what is common duty of care?

A

make the” visitor reasonably safe” in using premises for puporposes which invited or permitted to be there-not an absolutely duty

25
Q

what is the case for common duty of care?

A

laverton v kiapasha

26
Q

what is common duty of care also known as?

A

breach

27
Q

what do you do with common duty of care?

A

test for breach as in negligence with risk factors = likelihood and seriousness and prove that occupier had acted below expected standard f care

28
Q

what happens with damage in ola 1957?

A

show that c suffered p/i/prop damage, causation ‘some damage’- factual legal and nature

29
Q

what is the damages for ola?

A

covers p.i and property damage

30
Q

defences for ola 1957?

A

independent contractors
contributory neg
consent
warnings (limited by ucta 1977)

31
Q

what do you do with defence of independant contractor?

A

sue builder

32
Q

different parts of independant contractor?

A
  1. cant sue if injured should of took profressional care own fault
  2. if contractor takes over portion of land = liable
  3. contractor qualified and occupier not know of danger
  4. but if you know not safe for builder/ contractor =liable
33
Q

case for cant sue if injured should of took profressional care own fault?

A

roles v nathan 2(3)(b)

34
Q

case for if contractor takes over portion of land = liable?

A

page v read

35
Q

case for contractor qualified and occupier not know of danger?

A

haseldene v daw s.4 (b)

36
Q

what do both acts exclude?

A

harm caused on public rights of way

37
Q

what does occupiers liability 1957 cater for?

A

visitors

38
Q

what does occupiers liability 1984 cater for?

A

trespassers

39
Q

what does ola 1984 ensure?

A

a reasonable level of protection to those who have no right to be on land but deserve some protection

40
Q

what was a common law development case that led to act?

A

british railways v herrington

41
Q

what is a person who shouldnt gets injured?

A

trespasser- someone generally not allowed e.g warns

42
Q

what 3 questions establish duty in following circumstances for trespasser?

A

s1(3)

(a) 1.d needs to know danger that c suffers from?
(b) 2. d knows of anyone?
(c) 3. has d caused reasonable precaution?

43
Q

what does it mean that d needs to know of danger that c suffers from?

A

if no/not reasonable to knw= not liable if yes then should have done more e.g occupier is aware of the danger or has reasonable grounds to believe it exists

44
Q

case supporting d knows of danger?

A

herrington

45
Q

what does it mean by d knows of anyone?

A

knows gonna get in danger= duty e.g someone is in or may enter vicinity of danger

46
Q

case supporting d knows of anyone?

A

white v st albans city council - c injured and used short could but considered not reasonable to know that people using short cut= not liable

47
Q

what does it mean by has d cause reasonable precaution?

A

if there is evidence of this= no fail- take reasonable precaution of person who shouldnt be there

48
Q

what does q3 also cater for?

A

helps with test of breach

49
Q

why does it help with breach?

A

it tests standard of reasonable land owner - less burden on landowner and take account of considerations?

50
Q

what are the considerations taken into account for the test of breach?

A

nature of entry, type of premises, age of claimant, cost of precautions, nature/severity of risk, likelihood of harm—– too burdensome on d, policy, cost of insurance, cancellation of events

51
Q

why are warning signs effective in?

A

more effective in 1957 but dont exclude liabiity

52
Q

what are the damages for ola 1984?

A

only p.i not property

53
Q

what about d and abandoned house?

A

and c shouldnt be there and d knows of danger still need to give reasonable care

54
Q

what cases are in favour of land owner?

A

tomlinson v congelton borough council

keown v coventry nhs

Law Unit 4 (36 decks)

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