Breach of Duty - Independent Contractors (Act 1957 - Occupiers’ Liability)- FS Flashcards
(12 cards)
Under what conditions can an occupier avoid liability for injuries caused by the negligence of an independent contractor?
The occupier must satisfy three requirements under Section 2 of the 1957 Act:
- Act reasonably in hiring a contractor,
- Act reasonably in selecting a competent contractor, and
- Take reasonable steps to supervise and check the work was done properly.
What does it mean to act reasonably in hiring an independent contractor?
It means it must be appropriate to delegate the task to a contractor, taking into account the complexity and technical nature of the work.
What must an occupier demonstrate to act reasonably in selecting an independent contractor?
The occupier must show they took reasonable steps to assess the contractor’s competence, such as checking qualifications, references, or past experience.
What is required for an occupier to reasonably supervise or check the work done by an independent contractor?
The occupier must take reasonable steps to inspect or ensure the work is properly completed, especially if the work is non-technical and observable.
In what case did the court hold that the occupier had no liability due to the technical nature of the contractor’s work?
Haseldine v Daw — The court held that the occupier was not liable because the maintenance of lifts was highly technical, and the contractor was reputable.
Why did the court find the occupier liable in Woodward v Mayor of Hastings?
Because the work involved no technical skill (cleaning a step), and the occupier failed to supervise or check the cleaner’s work.
What is the default legal position regarding an occupier’s duty to visitors, even when using contractors?
The duty is generally non-delegable, meaning the occupier remains responsible unless the three-prong test is satisfied.
Why does the complexity of the contractor’s task matter in assessing occupier liability?
Because the more technical the task, the less likely it is that the occupier can be expected to assess or supervise the work.
How can failure to check contractor references affect an occupier’s liability?
Failing to check references can indicate a lack of reasonable care in selecting a competent contractor, leading to liability if harm occurs.
What is the legal significance of the occupier failing to notice obvious defects after the contractor’s work?
The occupier may be held liable for failing to reasonably inspect and ensure the site was safe, especially if the defect was easily observable.
If a contractor performs poorly but the occupier did everything reasonably required, will the occupier be liable?
No, provided the occupier has met the three conditions under Section 2 — reasonable hire, selection, and supervision, liability may be avoided.
What is the guiding principle behind the court’s evaluation of occupier responsibility in contractor negligence cases?
The principle is whether the occupier took reasonable care at all stages of the contractor’s engagement to protect visitors from harm.
