#Exam 2(2)-Occupiers Liability

Question 1

What makes someone and occupier

Answer 1

Must have sold control of premises

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

Question 2

What if someone is not an occupier off premises

Answer 2

No liability

Question 3

What makes someone a visitor

Answer 3

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

Question 4

What can make the OLA act 1984 apply

Answer 4

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

Question 5

What must the defendant have breached

Answer 5

His duty

Question 6

Wheat v Lacon

Answer 6

Visitor falling down stairs

Not only owner but someone in control of land

Question 7

Wheeler v copas

Answer 7

Definition is wide even including a ladder

Question 8

What are the important sections to OLA 1957

Answer 8

S2 (1,2,3)

Question 9

What does S 2 1 state

Answer 9

Common duty of care is owed to all lawful visitors

Question 10

S 2 2 states

Answer 10

Duty is to ensure visitor safe for purpose of trip

Question 11

What does s 2 (3) state

Answer 11

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

Question 12

Glasgow corporation v Taylor

Answer 12

Child poisoned by berries

Occupier must guard from allurements (children)

Question 13

Jolley v LDN borough Sutton

Answer 13

Children should be protected against foreseeable danger

Boat case

Question 14

Phipps v Rochester cooperation

Answer 14

Occupiers can expect very young children to be supervised

Question 15

Roles v Nathan

Answer 15

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

Question 16

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

Answer 16

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

Question 17

Hastings

Answer 17

Occupiers should have checked ice was moved correctly

Question 18

Haseldine

Answer 18

Occupier not expected to understand mechanics of a lift

Question 19

Bottomley v Todmorden

Answer 19

Should have checked that stun team had qualifications liable

Question 20

When may liability be avoided

Answer 20

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

Question 21

Rae v Mars

Answer 21

Warning was not sufficient as it could not be seen

Question 22

What is the law for trespassers

Answer 22

Occupiers liability act 1984

Question 23

Why did the claim fail in Addie v Dumbreck

Answer 23

There didn’t used to be a liability for trespassers

Question 24

What did BRB v Herrington introduce

Answer 24

Common duty to humanity to trespassers

Original rule too harsh on children

Question 25

What are the important sections of OLA 1984

Answer 25

S 1 (3) (4)

Question 26

What do the sections set out (1984)

Answer 26

When a duty is owed

Question 27

When is a duty owed to trespassers

Answer 27

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

Question 28

Ratcliff v McConnell

Answer 28

19 year old jumping in pool | Occupier does not have to warn adult trespassers against obvious dangers

Question 29

Donoghue v Folkestone properties

Answer 29

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

Question 30

Tomlinson v congleton borough council

Answer 30

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

Question 31

Higgs v foster

Answer 31

Does not owe a duty if they did not expect trespasser

Question 32

Rhind v astbury water park

Answer 32

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

Question 33

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

Answer 33

Keown v Coventry healthcare NHS trust | Baldaccino v west wittering

Question 34

What can trespassers claim for

Answer 34

Only personal injury not property