occupiers liability

Question 1

occupiers liability act 1957

Answer 1

lawful visitors

Question 2

occupiers liability act 1984

Answer 2

trespassers

Question 3

who is an occupier

Answer 3

whoever has control to be able to prevent harm to others

Question 4

duties to adult visitors

Answer 4

reasonable steps to ensure safety (Laverton)

Question 5

tradesperson definition

Answer 5

works under occupiers direction or supervision

Question 6

independent contractor

Answer 6

operates by themselves and decides how to carry out work using their own tools and methods

Question 7

specialist contractor test (3)

Answer 7

• reasonable to hire specialist
• contractor was checked for competence
• work was inspected unless too technical for occupier to assess

Question 8

defences for occupiers (4)

Answer 8

1. contributory negligence
2. consent
3. warning notices
4. exclusion clauses

Question 9

defences- warning notices

Answer 9

can be verbal or written if used properly they are a complete defence rae v marrs

Question 10

duty to child visitors

Answer 10

occupier must be more aware of children to be less careful (British railway)

Question 11

premise defintion

Answer 11

any fixed or moveable structure

Question 12

restrictions on exclusion clauses

Answer 12

1. statutory restrictions
2. limitations in practice

Question 13

statutory restriction defintion

Answer 13

a trade cannot by term or notice exclude or restrict liability for death or personal injury

Question 14

limitations in practice definition

Answer 14

an exclusion clause can be deemed invalid if the visitor is unable to understand the risk

Question 15

when does an occupier owe a duty to the trespassers? (3)

Answer 15

1. awareness of danger
2. knowledge of trespassers presence
3. expectation of protection
   case= ratcliff v mcconnel

Question 16

defence for occupiers (3)

Answer 16

1. contributory negligence
2. consent
3. warning notices