Occupiers Liability Act 1957- COMPLETE Flashcards
What is the structure for occupiers liability?
- Premises
- Occupier
- Lawful visitor
4.Common duty of care
5.causation - defences
7.damages
What is premises defined as?
-‘any fixed or moveable structure’
-can include houses, building and land.
Which section defines a premises?
S1 (3)
What is meant by an occupier?
‘defined under common law as having some degree of control over a premises’
What case described an occupier?
Wheat V E Lacon
Wheat v lacon
‘defined under common law as having some degree of control over a premises’
What section defines an occupier?
S1 (2) (a)
What does OLA 1957 concern?
Lawful visitors.
What section outlines what an invitee is? (lawful visitors)
S1 (2)
What does section 1(2) invitees establish?
-those who have bene invited onto the land and therefore have express permission to be there. EXPRESS PERMISSION
What is meant by implied permission?
-may be classed as a visitor if the courts decide so
What is meant by a right of way?
-Not classed as a visitor
Which case goes with a right of way?
McGeown v Northern Ireland Housing Executive (1994)
Which case goes with implied permission?
Lowry V Walker
-People using the farm for 35 years.
Which kinds of people generally have implied permissions?
-Police, meter readers, sales people, those who enter shops.
If somebody claims that they have implied permission, who is the burden of proof on?
The claimant- it cannot be enough if D merely tolerates them.
What does S2 (2) define as a common duty of care?
Take such care in the circumstances is reasonable to see that the visitor will be RS in using the premises for the purpose for which he is invited to be there.
The Calgarth 1972?
‘when you invite a person into your house to use the stairs you do not invite them to slide down the bannisters’
What section regards children?
S2 (3) (A)
What does S2 (3) (a) children state?
-An occupier must be prepared for children to be less careful than adults .
-Reasonably safe for a child of that age.
-SUBJECTIVE.
What is meant by an allurement?
An attraction or temptation.
Three allurement cases?
-Glasgow Cooperation V Taylor
-Jolley V Sutton
-Phipps V Rochester Corperation
Three allurement cases?
-Glasgow Cooperation V Taylor
-Jolley V Sutton
-Phipps V Rochester Corporation
Glasgow Cooperation V Taylor
-Poisonous berries on bush
-Berries attractive to children and no suitable precautions.
Jolley V Sutton
-Council failed to remove boat where kids played, boys wanted to fix it and one paralysed.
-not necessary to foresee the nature of the incident but the type of injury.
Phipps V Rochester Cooperation
-5 year old fell into a trench and broke leg after he and his seven-year-old sister trespassed on land where D’s building houses
-Entitled to assume that responsible parents would not allow kids to play in dangerous areas unsupervised.
-Pneumonic to remember- Phipps flipped and broke his leg his sister was there but his mum should have been instead
What section outlines a person exercising their calling?
S2 (3)(B)
What is the law based on a person exercising their calling?
‘appreciate and guard against any special risks ordinarily incidental to it’
Which case goes with a person exercising their calling?
Roles V Nathan
Roles V Nathan
-chimney sweeps lit boiler
-up to them to take precautions of such risks.
What section is independent contractors?
S2 (4) (b)
What are the three requirements for an independent contractor?
- it must have been reasonable for the occupier to give work to the independent contractor.
- The contractor must have been hired and compliant to carry out the tasks.
3.The occupier must check that the work is done properly.
Which area does Haseldine V Daw relate to?
Independent contractors.
Haseldine V Daw?
-Hydraulic lifts case
-satisfied all conditions but he could not check work as he knew little of the topic area.
What is the sentence for damage under OLA 1957?
-An occupier will be liable for personal injury and damage to property.
What are the defences for OLA 1957?
-consent
-contributory negligence
-Warning signs S2 (4)
-Exclusion clauses
What comes under warning signs S2 (4)
-if an occupier gives sufficient warning of danger so they’re reasonably safe- duty discharged depending on facts
-Can be written and verbal
What comes under exclusion clauses?
-cannot exclude liability for personal injury/death.
-for property damage it can also be excluded if reasonable
-Duty can be modified subject to the unfair contract terms act 1977.
