O Flashcards
(9 cards)
What does OLA 1957 define regarding occupiers?
The occupier of a premises owes a duty of care to all lawful visitors.
Who must be the occupier according to Wheat v Lacon?
The defendant (D) must be the occupier, having a sufficient degree of control over the premises.
Who are considered lawful visitors?
Lawful visitors include licensees (e.g., delivery men), invitees (e.g., family), those with a contractual agreement (e.g., ticket/payment), and those entering with a legal right.
What is defined as a premises under s.1(3)(a)?
A premises is any fixed or moveable structure, including any vessel, vehicle, or aircraft.
What does s.2(1) state about the duty of care?
There is a common duty of care owed to all lawful visitors.
What is the occupier’s responsibility under s.2(2)?
The occupier must ensure that the visitor is reasonably safe in using the premises for the permitted purpose.
What is the higher duty owed to children under s.2(3)(a)?
Occupiers owe a higher duty towards children and must guard against allurements.
Example cases: Glasgow v Taylor, Phipps v Rochester.
What does s.2(3)(b) state regarding tradesmen?
The occupier is not liable if the tradesman fails to guard against risks they should know.
What does s.2(4) say about liability and independent contractors?
Liability can be passed to an independent contractor if it is reasonable to entrust the work.
Example cases: Haseldine, Bottomley, Woodward.
