4) Occupiers Liability

Question 1

What kind of law is occupiers liability

Answer 1

Statute and common, this is not common however, this shows how reliable and thorough the development of the law is

Question 2

What are the two occupier acts

Answer 2

OLA 1957
OLA 1984

Question 3

Who does OLA57 cover

Answer 3

• Visitors, damage (death, personal injury and property)W

Question 4

Who does OLA84 cover

Answer 4

• Persons other than visitors e.g trespassers, no damage to property taken into account

Question 5

Who is an occupier + test for it

Answer 5

Anyone with a degree of control of an area - does through the occupational control test

Question 6

What is a premises

Answer 6

Feed or movable structures, any vessels, vehicle or aircraft

Question 7

What case outlined the 4 categories of an occupier

Answer 7

Wheat v Lacon

Question 8

What are the 4 categories of an occupier

Answer 8

1) Where a landlord lets a premises the tenant is the occupier
2) If the landlord lets but retains certain areas (e.g entry hall) they remain an occupier of those areas - Haseldine
3) Owner licenses but reserves right of entry, they remain occupier
4) Under most circumstances contractors do not become occupiers

Question 9

Who is a visitor

Answer 9

Someone with expressed of implied permission

Question 10

What act & section talks about the common duty owned to visitors

Answer 10

OLA57 (2)
- same owed to each visitor
- they should be kept reasonably safe

Question 11

What act lays down the guidelines for applying the common doc to visitors

Answer 11

OLA57

Question 12

What are the 4 sections of OLA57 which tile about the guidelines for Doc to visitors

Answer 12

s2(3)(a) - children less careful than adults
s2(3)(b) - Occupiers can assume visitors will take care against any special risks
s2(4)(a) - Warning signs may discharge a duty (Tomlinson v Congleton Borough)
s2(4)(b) - Occupier is not liable for the fault or an independent contractor (Haseldine)

Question 13

What two cases led to a change in DoC owed to trespassers

Answer 13

Addie v Dumbreck - no duty owned
British railway v Herrington - and stated DoC to in fact be owed

Question 14

What section of what act states the doc owned to trespassers & what is it

Answer 14

OLA84 S.1(4) - duty owned to persons other than visitors os to take care as is responsible to ensure they are not injured by any danger on the premises

Question 15

In what cases only will DoC be owned to trespassers, including sections

Answer 15

OLA84 S.1(3)
a) aware of danger/reasonable grounds it exists
b) aware someone may come in contact w danger
c) risk one where protection offered is reasonable