Occupiers Liability Act 1957 Flashcards
(22 cards)
What are the 7 elements for OLA 1957
- occupier
- premises
- visitors, express, implied permission
- duty, children, adults and people excersizing a calling
- damage
- defences
- remedies
State the section and the detention of an occupier
S 1(2) OLA 1957, an occupier is one who has some degree of control over the premises. They don’t need to be the owner of the land (tenant/independent contractor) and their may be more than one occupier at a time - Wheat v E Lacon & co ltd
What is the case that represents the occupier element
Wheat v E Lacon & Co Ltd
What is the section for liability of independent contractors instead of occupier
S 2(4)(b) OLA 1957
How can an occupier prevent a breach of duty under section 2(4)(b)
An occupier can prevent a breach of duty under the… if an independent contractor can be blamed instead, their are 3 requirement
What are the three requirements for an occupier to prevent a breach of duty
- It was reasonable to hire a contractor - Hasledine v Daw
- Reasonable precautions have been taken to ensure the contractor is competent - bottomley v todmorden cricket club
- Reasonable checks completed by the occupier to inspect the work that has been completed - Woodward v mayor of Hastings
What is the section and the definition of premises
S 1(3) OLA 1957, premises include not only land and building but fixed/ moveable structures - wheeler v copas
What are the two types of visitors
Invitees (expressed permission) and licensees (implied permission)
What is the case for visitors
Lowry v walker
What duty is owed to an adult visitor and what is the section for adult visitors
S 2(2) OLA 1957, the adult visitor will be owed a common DOC, ‘the visitor will be reasonably safe in using the premises for the purpose for which he is invited…not be their’
What is the standard of care for the adult visitor
The occupier need only to protect the visitor from foreseeable risks
For adult visitors, when does the duty only app-liable
Only whilst visitors are using the premises for the purposes for which they are invited/permitted to be their - scrutiny LJ in the Carlgarth
What is the section and standard for the duty of a child visitor, with case
S 2(3) OLA 1957 - the occupier ‘must be prepared for children to be less careful than adults’ - perry v Burlington
What is an allurement
The occupier should guard against any kind of ‘allurement’ or attraction which places a child at risk of harm - Glasgow corporation v Taylor/ jolley v Sutton LBC
What does parental responsibility refer to in duty for children
Parents will be expected to be responsible for very young children (under 5) occupiers will be liable for this over the age of 5 - Phipps v Rochester
What is the section for duty of persons excercising a calling and what it is
S 2(3) OLA 1957 - the occupier will not be liable where tradesman fail to guard against the risk which they should know/ be expected to know about that are associated with their job
What are the two cases in relation to duty for persons excercising a calling
Roles v Nathan
General cleaning contractor v Christmas
What does damage state
An occupier will be liable for personal injury and damage to property
What does contributory negligence state for defences with case
C is partly to blame for the damage they have sustained - simms v Leigh rfc
What does volenti state for defences with case
