Occupiers liability

Question 1

OLA 1957

Answer 1

Lawful visitors

Question 2

OLA 1984

Answer 2

Unlawful visitors

Question 3

common element 1, who is an occupier

Answer 3

wheat v lacon, someone with a sufficient degree of control over the premises.

Question 4

common element 2, what is a premises

Answer 4

S1(3)(a), Land, buildings, fixed/moveable structures, vessel, vehicle, aircraft.

Question 5

common element 3, lawful visitor / trespasser.

Answer 5

invitees, licensee, contractual, statutory authority.

Question 6

S2(1)

Answer 6

an occupier owes the same duty of care to all his lawful visitors.

Question 7

S2(2)

Answer 7

the common duty of care is the occupier must take reasonable care to keep visitors reasonably safe.

Question 8

laverton

Answer 8

doesn’t have to make the premises completely safe, just reasonably.

Question 9

dean and rochester cathedral v debell

Answer 9

tripping, falling, slipping are everyday occurrences that cannot be completely protected against.

Question 10

seriousness of potential harm, practicability of precautions case

Answer 10

paris v SBC

Question 11

S2(3)(a)

Answer 11

an occupier must be prepared that children are less careful, and must be reasonably safe for them.

Question 12

glasgow v taylor

Answer 12

Occupier had not taken extra precautions for children.

Question 13

jolley v sutton

Answer 13

allurements to children must be foreseeable to cause damage.

Question 14

Phipps

Answer 14

young children should be under the responsibility of their parents.

Question 15

S2(3)(b)

Answer 15

a person carrying out a trade should appreciate against any special risks.

Question 16

roles v nathan

Answer 16

traders should have knows the risks.

Question 17

S2(1) 57

Answer 17

exculsion clauses, to exclude liability for children the child must be able to understand it.

Question 18

S65 CRA 2015

Answer 18

cannot excude liability for personal injury or death.

Question 19

S2(4)(a)

Answer 19

warnings, if d has given a warning that in all circumstances, would enable the visitor to be reasonably safe, it is a complete defence.

Question 20

Rae v mars

Answer 20

warnings should be before the danger, and visible.

Question 21

S2(4)(b)

Answer 21

independent contractor work, occupier is not at fault if, it was reasonable work to give, D made sure the contractor is competent, occupier must check work has been done properly.

Question 22

haseldine v daw

Answer 22

reasonable to give work over

Question 23

Bottomley

Answer 23

contractors were not competent.

Question 24

woodward v mayor of hastings

Answer 24

reasonable for d to check the work done.

Question 25

addie v dumbreck

Answer 25

no duty of care for trespassers, only to not inflict harm willingly.

Question 26

herrington v brb

Answer 26

departed from addie, made it so a duty of common humanity was owed to trespassers.

Question 27

s1(3) 84

Answer 27

occupier only owes a duty if, S1(3)(a), he is aware of danger or has reasonable grounds to believe it exists, S1(3)(b), reasonable grounds to believe v is in the vicinity or can be, S1(3)(c), if the danger is not obvious, to make it aware.

Question 28

S1(3)(a) 84

Answer 28

Rhind

Question 29

S1(3)(b) 48

Answer 29

Higgs v foster

Question 30

S1(3)(c) 84

Answer 30

Tomlinson

Question 31

S1(4) 84

Answer 31

Keown, take reasonable care to make sure they are not injured (use size of risk etc).

Question 32

S1(5) 84

Answer 32

westwood, if they can prove they took reasonable steps< it will be a complete defence.