Occupier's Liability

Question 1

What did Sedleigh-Denfield–v-O’Callaghan (1940) involve?

Answer 1

A landowner having responsibility in nuisance for ‘adopting’ a defective drainage channel created on his land by a trespasser

Question 2

Who is responsible for granting listed building consent in England

Answer 2

Local Planning Authorities

Question 3

Name three interpretations applicable to a landowners measured duty of care for a hazard arising naturally on his land?

Answer 3

1. How easy it would have been to address the problem
2. Whether the type and extent of damage that actually occurred was foreseeable
3. Whether it was fair, just and reasonable in the circumstances to impose the duty

Question 4

Which area of common law is amended by the Occupiers’ Liability Act 1957 amend?

Answer 4

Negligence

Question 5

What phrase is used in Section 2(1) of the Occupier’s Liability Act 1957 to describe the codified duty created in the Act

Answer 5

Common Duty of Care

Question 6

What does section 2(3) of the Occupiers’ Liability require an occupier to appreciate?

Answer 6

Children may be less careful than adults

Question 7

To what extent is damage to a person’s property covered by the Occupiers’ Liability Acts?

Answer 7

The 1957 Act covers personal injury and property damage but the 1984 Act applies only to personal injury

Question 8

Is it ok to assume that you can leave a specialist contractor to plan and execute his work at your site and take his own responsibility for any site risks faced?

Answer 8

Yes, you can leave a specialist to address unusual risks associated with his activity, but if there are other risks that you’re aware of on your site you have a duty to manage these.

Question 9

What does section 1(3)(a) of the Occupiers’ Liability Act 1957 state?

Answer 9

Duties imposed on premises also apply to “any fixed or moveable structure, including any vessel, vehicle or aircraft”.

Question 10

Can warning signs be used to discharge the 1957 Act’s requirement that occupiers’ must make the premises reasonably safe for the permitted use?

Answer 10

Yes - provided the warning will be sufficient to enable the visitor to be reasonably safe there

Question 11

How does the Unfair Contract Terms Act 1977 relate to occupiers’ liability?

Answer 11

1) Prohibits occupiers from using a sign, notice or contractual waiver to exclude business liability from death or injury caused by negligence

Question 12

What can you do to trespassers?

Answer 12

Sue them

Question 13

What does straying beyond your license mean?

Answer 13

Doing something or going somewhere other than what or where you have been permitted by the occupier to be or do

Question 14

What features of the 1984 Act test to determine whether the occuppier’s limited duty towards trespassers is triggered?

Answer 14

1) The occupier is aware of the danger or has reasonable grounds to know it exists.
2) The occupier has reason to believe that trespassers will come into the vicinity of a known danger.
3) That the risk is one which, in the circumstances, it is reasonable for the occupier to offer some protection against

Question 15

What did the Tomlinson–v-Congleton BC (2003) involve?

Answer 15

An accident involving a person diving into a shallow lake

Question 16

What applies to correctly interpreting what ‘Occupier’ means in the Acts?

Answer 16

1) Any person with a sufficient degree of control can be regarded as an occupier.
2) The person does not need to be in physical occupation of the premises to count as an occupier.
3) The person does not need to have an ownership interest in the premises.

Question 17

What does Section 4 of the Defective Premises Act 1972 state?

Answer 17

That where a landlord has a repair or maintenance responsibilities either in the lease granted to his tenant or as imposed by the general law, then he owes a duty of care (in the tort of negligence) to any person who may visit the leased premises and be harmed there by things that he should have repaired or maintained

Question 18

Section 4 of the Health & Safety at Work Act 1974 imposes criminal liability upon a person with control over premises (including repair and maintenance) who falls so far as is reasonably practicable to do what?

Answer 18

Provide for the safety of all members of the public at the premises

Question 19

A warning sign that refers to the Occupiers’ Liability Act 1995 is

Answer 19

Copying a foreign notice found via google and may be ineffective as a warning notice