Occupiers' Liability Flashcards
This deck solely covers case law, refer to revision notes for understanding
a degree of control- s.1 (2) OLA 1957
Wheat v Lacon 1966
a warning on its own does not discharge
unless “in all the circumstances it was enough to enable the visitor to be reasonably safe”- s.2 (4)(a)
it is reasonable to instruct a subcontractor S.2 (4) b
Haseldine v Daw [1941]
responsible to check work of subcontractor- s.2 (4) (b)
Woodward v Mayor of Hastings [1945]
not a risk you should expect to be protected against- drowning in water
Tomlinson v Congleton Borough Council [2003]
D had no knowledge of risk- OLA 1984
Rhind v Astbury Water Park Ltd [2004]
specialists bear the risk- chimney sweeps-s.2 (3) (b)
Roles v Nathan [1963]
Has D breached the duty?- s.2(2)- window catch case
White Lion Hotel v James
warnings- s.2 (4) (a)
There is no duty to warn of the obvious danger
Darby [2001]
loss must be due to state of the premises
Keown [2006]; Siddorn [2007]
the risk is one, which is reasonable to protect the trespasser from -s.1(3)(c) OLA 1984
Young v Kent [2005]
