occupiers liability

Question 1

what are the two occupiers liability statutes

Answer 1

occupiers liability act 1957
occupiers liability act 1984

Question 2

what ola protects lawful visitors

Answer 2

ola 1957

Question 3

what ola protects unlawful visitors

Answer 3

ola 1984

Question 4

what is an occupier

Answer 4

the person in control, may not be an owner

Question 5

what statute states common law applies when establishing occupiers

Answer 5

ola 1957

Question 6

what case shows an occupier doesn’t have to be an owner

Answer 6

wheat v e.lacon and co

Question 7

what is the definition of premises

Answer 7

not only land or buildings included but also ‘fixed and moveable structures’

Question 8

how does a person become a lawful visitor

Answer 8

if they are:
invited
have a licence
have a contractural duty
have a statutory duty

Question 9

what does permission have to be

Answer 9

express or implied

Question 10

what case shows permission may be implied

Answer 10

lowery v walker

Question 11

what is the duty owed to adults for ola 1957

Answer 11

the visitor must be reasonably safe in using the premise for the intended purpose

Question 12

what case shows occupiers are not liable for daily occurrences

Answer 12

laverton v kiapasha takeaway supreme

Question 13

what is the standard of care occupiers owe to children

Answer 13

must be prepared for children to be left careful than adults

Question 14

what case shows occupiers must be prepared for children to be less careful

Answer 14

glasgow corporation v taylor

Question 15

what is the standard of care occupiers owe to workers

Answer 15

may expect a person will appreciate and guard against any special risks

Question 16

what case shows the trade can be expected to take measures to avoid associated risks

Answer 16

roles v nathan

Question 17

what are the three requirements in order to pass a claim to a contractor

Answer 17

1. reasonable steps have been taken to
2. contractor must be competent
3. work done must be checked by a conveyer

Question 18

what case shows the occupier must take reasonable steps when hiring a contractor

Answer 18

haseldine v daw and son ltd

Question 19

what case shows the contractor must be competent in order to pass the claim

Answer 19

bottomley v todmorden cricket club

Question 20

what case shows a contractors work must have been checked by a hired conveyor to pass the claim

Answer 20

woodward v mayor of hastings

Question 21

what is a trespasser

Answer 21

someone who has no permission to be on the premises or has gone beyond permissions given

Question 22

what case showed going beyond permissions can be considered trespassing

Answer 22

tomlinson v congleton borough council

Question 23

what can people claim for under ola 1984

Answer 23

injury

Question 24

what can people claim for under ola 1957

Answer 24

injury and property damage

Question 25

what case shows occupiers owe common humanity to trespassers

Answer 25

british railway board v herrington

Question 26

when is a duty owed

Answer 26

if owner is aware of the danger or has grounds to believe it exists owner has reasonable grounds to believe the other may be in the vicinity of danger the risk is one against which the owner is expected to protect against

Question 27

what case shows when a duty is owed

Answer 27

swain v natui rumi puri

Question 28

what is a danger

Answer 28

the object or part of land where he trespasser is injured

Question 29

what is the standard of care for dangers

Answer 29

the greater the risk the more precautions

Question 30

when is it not a breach of duty owed to trespassers

Answer 30

due to action not premise if the danger is obvious if not aware of danger if no reason to suspect trespasser

Question 31

what case shows when injury is due to the actions it is not a breach of duty

Answer 31

tomlinson v congleton borough council

Question 32

what case shows when danger is obvious it is not a breach of duty

Answer 32

ratcliff v mcconnell

Question 33

what case shows when occupier isn’t aware of the danger it is not a breach of duty

Answer 33

rhind v astbury water park

Question 34

what case shows when there is no reason to suspect a trespasser it is not a breach of duty

Answer 34

higgs v foster

Question 35

what does the law state about a duty of care owed to trespassers

Answer 35

where warnings are displayed, it depends on the understanding of the child

Question 36

what case shows if the child understands the warning but acts anyway, it is not a breach of duty

Answer 36

baldaccino v west wittering

Question 37

baldacinno v west wittering

Answer 37

if the child understands the warning but acts anyway, it is not a breach of duty

Question 38

what do warnings do

Answer 38

discharges duty