LAW P2 CASES (OLA 57)

Question 1

What is the case for an occupier?

Answer 1

Wheat v Lacon, someone can be seen as an occupier if they have occupational control over the premises

Question 2

What is the case for s.1(3)(a) premises?

Answer 2

Wheeler v Copas, the court noted that the ladder came under th definition of premises

Question 3

What is the case for lawful visitors?

Answer 3

• Lowery v Walker, a license was implied through the defendants acquiescence
• Routledge v McKay, the claimant was held to be a lawful visitor because he entered the premises with permission

Question 4

What is the case for the s.2(2) common duty of care?

Answer 4

• Taylor v Glasgow corporation, Occupiers must ensure that their premises are free from hazards that could cause injury to visitors

Question 5

What is the case for situations where standard of care may vary (child visitors)

Answer 5

Jolley v Sutton, its foreseeable that children are likely to be at more of a risk of danger than adults

Question 6

What is the case for situations where standard of care may vary (warnings)

Answer 6

Roles v Nathan, the defendant would have been safe had they heeded the warnings from the occupier

Question 7

What is the case for situations where standard of care may vary (independent contractors)

Answer 7

Ferguson v Welsh, the danger arose from the unsafe sustem of work adopted by the welsh brothers

Question 8

What is the case for the defence (volenti non fit injuria)

Answer 8

Titchener v British railway boards, the defendants did not owe a duty to a visitor who was fully aware of the risks

Question 9

What is the case for the defence (contributory negligence)

Answer 9

Revill v Newbury, the claimants damages were reduced to reflect his responsibility for his own injuries