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TORT LAW > Occupiers' Liability > Flashcards

Occupiers' Liability Flashcards

(70 cards)

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1
Q

what does OLA stand for

A

Occupiers Liability Act

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2
Q

How many Occupiers Liability Acts are there

A

2

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3
Q

what are the two occupiers liability acts

A

OLA 1957

OLA 1984

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4
Q

who does OLA 1957 protect

A

lawful visitors from injury

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5
Q

which act protects lawful visitors from injury

A

OLA 1957

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5
Q

what does OLA 1984 protect

A

protects anyone who isn’t a lawful visitor (trespassers) from injury

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6
Q

which act protects trespassers from injury

A

OLA 1984

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7
Q

where is occupiers liability defined

A

s1(1) OLA 1957

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8
Q

define occupiers liability

extra : where is this definition from

A

occupiers owe visitors a duty of care to the danger from the state of their premise/actions in relation to V

OLA 1957 s1(1)

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9
Q

define a lawful visitor

A

someone with express or implied permission to enter a premise

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10
Q

who does lawful visitors include

A

those with express permission

Those with implied permission

those under contract

those with a right to enter

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11
Q

give an example of a lawful visitor with express permission

A

friends and family

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12
Q

give an example of a lawful visitor with implied permission

A

delivery drivers, milkmen

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13
Q

give an example of a lawful visitor under contract

A

workmen

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14
Q

give an example of a lawful visitor with a right to enter

A

police

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15
Q

what duty of care does an occupier owe a lawful visitor

extra : where is this defined

A

the common duty of care to all his visitors.

s2(1) OLA 1957

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16
Q

can a occupier change the DOC he owes to a lawful visitor

extra : where is this stated?

A

YES

‘he is free to … extend, restrict, modify or exclude his duty to any visitor or visitors by agreement or otherwise’

s2(1) OLA 1957

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17
Q

do lawful visitors need to go through the Duty of Care process under OLA 1957

extra : why?

A

no ! its automatic!

s2(1) OLA 1957 states : An occupier of premises owes the same duty, the common duty of care, to all his visitors.
THEREFORE automatic

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18
Q

can a lawful visitor become a trespasser

A

yes

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19
Q

how can a lawful visitor become a trespasser

+ cases to highlight this

A

by going beyond their permissions as a visitor.

Tomlinson v Congleton Borough Council 2003 - highlights you can be a visitor and have permission and turn into a tresspasser by going beyond that permission.

The Calgarth 1927 obiter comment - highlights same. - FURTHER proven as this obiter comment was used in Geary v JD Wetherspoon 2011

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20
Q

Tomlinson v Congleton Borough Council 2003

A

highlights you can be a visitor and have permission and turn into a tresspasser by going beyond that permission.

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21
Q

Geary v JD Wetherspoon 2011

A

used obiter dicta comment from The Calgarth 1927 to make ruling on a lawful visitor going beyond permission and becoming a trespasser.

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22
Q

which case defines occupier

A

Denning in ‘Wheat v E. Lacon Ltd 1966’

anyone with a sufficient degree of control over a premise. does not automatically mean owner

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23
Q

what does Denning say in ‘Wheat v E. Lacon Ltd 1966’

A

defines occupier

occupier is anyone with a sufficient degree of control over a premise. does not automatically mean owner

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24
"anyone with a sufficient degree of control over a premise. does not automatically mean owner"
definition of an occupier from Denning in 'Wheat v E. Lacon Ltd 1966'
25
does a occupier need to be living in the premise / going to the premise day to day
NO!! just control over premise
26
can there be more than one occupier at the same time
YES Wheat v E. Lacon Ltd 1966 - there can be more than one occupier at the same time
27
what does Wheat v E. Lacon Ltd 1966 state
1. definition of an occupier 2. there can be more than one occupier at a time
28
why is it good there can be more than one occupier at a time
bc lawyers can sue for who they can get the most money from! think landlord and tenant - theyre going to sue the landlord bc they generally have more money
29
can a lawful visitor with express permission be treated different than other lawful visitors (for example a workman)
NO! all lawful visitors are treated the same.
30
define common duty of care extra: where is it defined
taking all reasonable precautions so that a visitor will be reasonably safe for the purpose they are invited/permitted by the occupier to be there OLA 1957 s2(2)
31
does OLA 1957 require occupiers to prevent ALL harm
NO! just to take reasonable steps so that a visitor is reasonably safe to act out their invited/permitted purpose
32
what cases help show Common Duty of Care under OLA 1957
Rochester Cathedral v Debell (2016) - modern case which shows just need to be reasonable not perfect. Latimer v AEC Ltd (1953) - predates Act but shows that you don't need to eliminate every risk but rather manage them reasonably.
33
Rochester Cathedral v Debell (2016)
common duty of care modern case which shows just need to be reasonable not perfect.
34
Latimer v AEC Ltd (1953)
common duty of care predates Act but shows that you don't need to eliminate every risk but rather manage them reasonably.
35
Common Duty of Care Special Categories
Children Skilled Workers
36
what duty does an Occupier owe Children extra : where is this defined
must be prepared for children to be less careful than adults s2(3)(a) OLA 1957
37
what duty does an Occupier owe Skilled Workers extra : where is this defined
An occupier can expect that a person, in the exercise of their calling, will recognise and protect themselves from the usual risks that come with that work, as long as the occupier allows them the freedom to do so. S2(3)(b) OLA 1957
38
what is the 'allurement principle' extra: give a case to illustrate this
If there is a danger of allurement on the land- the occupier will be expected to take greater care. this is bc children are not as fully developed as adults to understand danger. Glasgow v Taylor 1922
39
Glasgow v Taylor 1922
illustrates The Allurement Principle
40
what do the courts consider when it comes to Children in Occupiers Liability
age, risk and parental supervision. Bourne Leisure v Marsden (2009) - bc there should have been parental supervision, occupier not liable.
41
Bourne Leisure v Marsden (2009)
shows that the courts take into consideration age, risk and parental supervision of child b4 casting judgement on an occupier.
42
Roles v Nathan 1963
skilled workers if an Occupier does not warn a skilled worker of danger they still not be found liable, as it is expected skilled workers would understand and aware of the risks of a job.
43
will an occupier be found liable if he does not warn a skilled worker of job related risks
no!! Roles v Nathan 1963 evident of this.
44
what is Roles v Nathan and what is the exception to its ruling
if an Occupier does not warn a skilled worker of danger they still not be found liable, as it is expected skilled workers would understand and aware of the risks of a job. THIS is only the case when the issue comes from the 'excerise of their calling'. if something else happened (like theyre fixing your boiler but as they go up the stairs they fall through the floor boards) that has NOTHING to do with 'their calling.'. an occupier could then become liable if warning isnt given.
45
what does OLA say about independent contractors extra : where does it say this
as long as an occupier takes reasonable steps to make sure the person they hire to do work is competent, they cant be found liable. s2(4)(b)
46
what are the reasonable steps an occupier should take to ensure a contractor is competent?
have they acted reasonably in entrusting the work to an independant contractor? have they taken reasonable care to see that the contractor was competent? have they taken reasonable care to check that the work was properly done?
47
Haseldine v Daw 1941
basically - occupier wont be found liable if the work which has been done is specialist or too technical for a regular individual, and they can not check if the contractor has done their work properly (3rd reasonable step). if the work has been done wrong, Contractor found liable.
48
does s2(4)(b) (independent contractors) apply to all workers?
NO! only to professional, competent independent contractors. this cant just be someone lending a hand.
49
what does the OLA 1957 have to say about The Effect of warnings
Warnings are not always enough to absolve an occupier from liability. depends on the scenario
50
what are some examples of scenarios where a singular warning might not be enough
written warnings - young children cant read them written warning in one language where many people who speak another language are (think trainstation, airport) freeball
51
give some examples of warnings
signs, visuals, barriers
52
Stapes v West Dorset DC
you don't have to use warning signs in obvious danger.
53
do you have to use warning signs in obvious danger?
no! Stapes v West Dorset DC (1995)
54
Rae v Mars (UK) Ltd (1990)
if danger is extreme/unusual, it is not enough for just a warning. there must be extra measures such as a barrier or additional notices.
55
if a danger is extreme/unusual, is one warning enough?
no! there must be extra measures such as a barrier or additional notices. Rae v Mars (UK) Ltd (1990)
56
what is the difference between a warning sign and an exclusion
WARNING SIGN : Points out dangers so the individual is aware. EXCLUSION : Excludes the occupier from liability.
57
who do exclusion clauses include/exclude
includes individuals excludes business occupiers for death or personal injury - Unfair Contract Terms Act 1977
58
what was the law like before 1984
Harsh on ALL trespassers British Railways Board v Harrington 1972 - a duty of common humanity for children
58
define a trespasser
a person whose presence on land is unknown to the occupier or, if known, objected to by the occupier in some practical way.
59
what does OLA 1984 establish
DOC owed between occupier and trespasser. this is NOT automatic like lawful visitors if the presecence of a trespasser could be reasomably anticipiated by an occupier, the occupier has a DOC to treat the tresspasser w/ 'common humanity' There’s a citeria to prove this
60
what is the criteria for OLA 1984
Occupier is aware/has reasonable grounds to believe a danger exists occupire knows/has grounds to believe that the tresspasser is in the vinicity of danger the risk is one against which in all the circumstance the occupier may be reasonably expected to offer protect NEED ALL THREE for a DOC to be established
61
does a occupier owe a trespasser a DOC if trespasser put themselves at risk
NO! tomlinson v Congleton Bc 2004
62
Tomlinson v Congleton Bc 2004
If a person does something with obvious risk - then theyre liable for the harm they recieve.
63
every case / statute under Effects of Warnings
OLA 1957 s2(4)(A) Stapes v West Dorset DC (1995) Rae v Mars (UK) Ltd (1990) Unfair Contract Terms Act 1977
64
every case/statue under a common duty of care
OLA 2(2) Latimer v AEC Ltd (1953) Rochester Cathedral v Debell (2016) OLA 1957 s2(3)(a&b) Glasgow v Taylor 1922 Bourne Leisure v Marden 2009 Roles v Nathan (1963)
65
every case under Lawful visitors
Tomlinson v Congleton Borough Council 2003 The Calgarth (Geary v JD Wetherspoons 2011)
66
every case/statute under occupier
OLA 1957 s1(1) OLA 1957 s2(1) Wheat v E. Lacon Ltd (1966)
67
every case/statute under tresspasser
OLA 1984 British Railways Board v Harrington 1972 Tomlinson v Congleton Bc 2004
68
every case/statute under independant contractors
OLA 1957 s2(4)(b) Haseldine v Daw (1941)

TORT LAW (2 decks)

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