Duty Of Care And Breach

Question 1

What is an occuiper and what is the case

Answer 1

Is someone who has suffcient control of the premises
(Wheat v Lacon)

Question 2

What is a premises and what is the section

Answer 2

It is any fixed or movable struture.
s.1(3)(a)

Question 3

What is the duty of care for lawful vistor and the section

Answer 3

All lawful vistors are automatically owed a duty of care
s.2(1)

Question 4

Breach of duty lawful vistors and section

Answer 4

Occuiper duty to take reasonable care to make sure the vistor is reasonbly safe for the purpose of being invited onto the premises
s2(2) 1957

Question 5

Standard of care for a skilled worker and section and case

Answer 5

A lower Duty of care if they are injured in the exercise of their calling
s.2(3)(b)
(Roles v Nathan)

Question 6

Standard of care for a Adult and section and case

Answer 6

A common duty of care
s.2(2)
(Cunningham v Reading FC)

Question 7

Standard of care for a child and section and case

Answer 7

Higher duty of care
s.2(3)(a)
(Glasgow v Taylor)

Question 8

How the occuiper can avoid liabikty for independant contractor

Answer 8

Only if the loss or injury of the vistor are caused as a result of negligance of an independant contractor

Question 9

Test of an negligant contractor

Answer 9

.It was reasonble to entrust thenwork to an independantn contractor

.occuiper has taken reasonble steps to make sure that the independant contractor is legitimate

.if the work was not overly complex (Haseldine v Sons)

Question 10

Definen damage and section

Answer 10

s1.3(b) vistor can claim for personal injury and damage to their property

Question 11

Defence for 0LA 1957

Answer 11

Warnings - warnings must be sufficien to enable the vistor to be reasonbly safe (Woolins v Celanse)

Question 12

Another defence

Answer 12

Contributory negligance - Law reform act 1945 damges reduced due to the claiments responsibilty for the damage
(Froom v Butcher)

Question 13

Another third defence
And case

Answer 13

Consent -if Claiment willingly takes part in potentially harmful activity no duty is owed
Simms v Rugby

Question 14

Remedies

Answer 14

Is that claiment can claim for personal injury and property damage