Occupiers Liability Act 1957- COMPLETE

Question 1

What is the structure for occupiers liability?

Answer 1

1. Premises
2. Occupier
3. Lawful visitor
   4.Common duty of care
   5.causation
4. defences
   7.damages

Question 2

What is premises defined as?

Answer 2

-‘any fixed or moveable structure’
-can include houses, building and land.

Question 3

Which section defines a premises?

Answer 3

S1 (3)

Question 4

What is meant by an occupier?

Answer 4

‘defined under common law as having some degree of control over a premises’

Question 5

What case described an occupier?

Answer 5

Wheat V E Lacon

Question 6

Wheat v lacon

Answer 6

‘defined under common law as having some degree of control over a premises’

Question 7

What section defines an occupier?

Answer 7

S1 (2) (a)

Question 8

What does OLA 1957 concern?

Answer 8

Lawful visitors.

Question 9

What section outlines what an invitee is? (lawful visitors)

Answer 9

S1 (2)

Question 10

What does section 1(2) invitees establish?

Answer 10

-those who have bene invited onto the land and therefore have express permission to be there. EXPRESS PERMISSION

Question 11

What is meant by implied permission?

Answer 11

-may be classed as a visitor if the courts decide so

Question 12

What is meant by a right of way?

Answer 12

-Not classed as a visitor

Question 13

Which case goes with a right of way?

Answer 13

McGeown v Northern Ireland Housing Executive (1994)

Question 14

Which case goes with implied permission?

Answer 14

Lowry V Walker
-People using the farm for 35 years.

Question 15

Which kinds of people generally have implied permissions?

Answer 15

-Police, meter readers, sales people, those who enter shops.

Question 16

If somebody claims that they have implied permission, who is the burden of proof on?

Answer 16

The claimant- it cannot be enough if D merely tolerates them.

Question 17

What does S2 (2) define as a common duty of care?

Answer 17

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.

Question 18

The Calgarth 1972?

Answer 18

‘when you invite a person into your house to use the stairs you do not invite them to slide down the bannisters’

Question 19

What section regards children?

Answer 19

S2 (3) (A)

Question 20

What does S2 (3) (a) children state?

Answer 20

-An occupier must be prepared for children to be less careful than adults .
-Reasonably safe for a child of that age.
-SUBJECTIVE.

Question 21

What is meant by an allurement?

Answer 21

An attraction or temptation.

Question 22

Three allurement cases?

Answer 22

-Glasgow Cooperation V Taylor
-Jolley V Sutton
-Phipps V Rochester Corperation

Question 23

Three allurement cases?

Answer 23

-Glasgow Cooperation V Taylor
-Jolley V Sutton
-Phipps V Rochester Corporation

Question 24

Glasgow Cooperation V Taylor

Answer 24

-Poisonous berries on bush
-Berries attractive to children and no suitable precautions.

Question 25

Jolley V Sutton

Answer 25

-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.

Question 26

Phipps V Rochester Cooperation

Answer 26

-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

Question 27

What section outlines a person exercising their calling?

Answer 27

S2 (3)(B)

Question 28

What is the law based on a person exercising their calling?

Answer 28

'appreciate and guard against any special risks ordinarily incidental to it'

Question 29

Which case goes with a person exercising their calling?

Answer 29

Roles V Nathan

Question 30

Roles V Nathan

Answer 30

-chimney sweeps lit boiler -up to them to take precautions of such risks.

Question 31

What section is independent contractors?

Answer 31

S2 (4) (b)

Question 32

What are the three requirements for an independent contractor?

Answer 32

1. it must have been reasonable for the occupier to give work to the independent contractor. 2. The contractor must have been hired and compliant to carry out the tasks. 3.The occupier must check that the work is done properly.

Question 33

Which area does Haseldine V Daw relate to?

Answer 33

Independent contractors.

Question 34

Haseldine V Daw?

Answer 34

-Hydraulic lifts case -satisfied all conditions but he could not check work as he knew little of the topic area.

Question 35

What is the sentence for damage under OLA 1957?

Answer 35

-An occupier will be liable for personal injury and damage to property.

Question 36

What are the defences for OLA 1957?

Answer 36

-consent -contributory negligence -Warning signs S2 (4) -Exclusion clauses

Question 37

What comes under warning signs S2 (4)

Answer 37

-if an occupier gives sufficient warning of danger so they're reasonably safe- duty discharged depending on facts -Can be written and verbal

Question 38

What comes under exclusion clauses?

Answer 38

-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.