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#law tort law and law making > #Exam 2(2)-Occupiers Liability > Flashcards

#Exam 2(2)-Occupiers Liability Flashcards

1
Q

What makes someone and occupier

A

Must have sold control of premises

Must be one of many people who had control of the property

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2
Q

What if someone is not an occupier off premises

A

No liability

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3
Q

What makes someone a visitor

A

Invited into premises
Enters to peruse a contract
Enters under licence
Legal right

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4
Q

What can make the OLA act 1984 apply

A

If they are a trespasser
Entering national park or countryside act
Private right of way

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5
Q

What must the defendant have breached

A

His duty

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6
Q

Wheat v Lacon

A

Visitor falling down stairs

Not only owner but someone in control of land

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7
Q

Wheeler v copas

A

Definition is wide even including a ladder

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8
Q

What are the important sections to OLA 1957

A

S2 (1,2,3)

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9
Q

What does S 2 1 state

A

Common duty of care is owed to all lawful visitors

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10
Q

S 2 2 states

A

Duty is to ensure visitor safe for purpose of trip

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11
Q

What does s 2 (3) state

A

Occupier must take extra care for children and guard them from allurements

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12
Q

Glasgow corporation v Taylor

A

Child poisoned by berries

Occupier must guard from allurements (children)

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13
Q

Jolley v LDN borough Sutton

A

Children should be protected against foreseeable danger

Boat case

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14
Q

Phipps v Rochester cooperation

A

Occupiers can expect very young children to be supervised

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15
Q

Roles v Nathan

A

Person carrying out a trade should be aware of the risks of that trade

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16
Q

When will an occupier not be liable for the work of independent contractors

A

Reasonable to entrust work
Reputable contractor chosen
Occupier not obliged to inspect work

17
Q

Hastings

A

Occupiers should have checked ice was moved correctly

18
Q

Haseldine

A

Occupier not expected to understand mechanics of a lift

19
Q

Bottomley v Todmorden

A

Should have checked that stun team had qualifications liable

20
Q

When may liability be avoided

A

Adequate warnings given
Exclusion clauses relied on UCTA
Defences of consent and contributory negligence

21
Q

Rae v Mars

A

Warning was not sufficient as it could not be seen

22
Q

What is the law for trespassers

A

Occupiers liability act 1984

23
Q

Why did the claim fail in Addie v Dumbreck

A

There didn’t used to be a liability for trespassers

24
Q

What did BRB v Herrington introduce

A

Common duty to humanity to trespassers

Original rule too harsh on children

25
Q

What are the important sections of OLA 1984

A

S 1 (3) (4)

26
Q

What do the sections set out (1984)

A

When a duty is owed

27
Q

When is a duty owed to trespassers

A

Aware of danger or has reasonable grounds to believe it exists
Knows someone is in vicinity of danger ( whether lawful or not )
Risks are expected to show some protection

28
Q

Ratcliff v McConnell

A

19 year old jumping in pool

Occupier does not have to warn adult trespassers against obvious dangers

29
Q

Donoghue v Folkestone properties

A

Occupier does not have to warn if they enter at unfortunate time
Man jumping in harbour

30
Q

Tomlinson v congleton borough council

A

Occupier does not have to spend lots of money to protect against foreseeable danger
Man paralysed after jumping in lake

31
Q

Higgs v foster

A

Does not owe a duty if they did not expect trespasser

32
Q

Rhind v astbury water park

A

Do not owe a duty for a danger that they are unaware of

33
Q

What cases show that liability to child trespassers are same as adults

A

Keown v Coventry healthcare NHS trust

Baldaccino v west wittering

34
Q

What can trespassers claim for

A

Only personal injury not property

#law tort law and law making (12 decks)

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