Occupiers Liability Cases And Defences To A Claim

Question 1

Occupier definition

Occupiers Liability Act 1957

Answer 1

Wheat v Lacon

Question 2

The occupier only needs to make the premises reasonably safe

Occupiers Liability Act 1957

Answer 2

Laverton v kiapasha takeaway

Question 3

Liability to children
Allurement and Exception

Occupiers Liability Act 1957

Answer 3

Glasgow corporation v Taylor
Phipps v Rochester corporation

Question 4

Occupiers liability to people carrying out a trade
Tradesman should guard against risks he should know about

Occupiers Liability Act 1957

Answer 4

Roles v Nathan

Question 5

Occupiers liability to people carrying out a trade
There must be reasonable for a specialist

Occupiers Liability Act 1957

Answer 5

Hasledine v Daw & Son

Question 6

Occupiers liability to people carrying out a trade
The occupier must ensure tradesman is qualified

Occupiers Liability Act 1957

Answer 6

Bottomley v Todmorden Cricket club

Question 7

Occupiers liability to people carrying out a trade
The occupier must check the work is done properly

Occupiers Liability Act 1957

Answer 7

Woodward v Major of Hastings

Question 8

Occupiers have a common duty of care towards tresspassers

Occupiers Liability Act 1984

Answer 8

British Railway v Herrington

Question 9

is the occupier is aware or has reason to believe a dangerous state of the premises exists

Occupiers Liability Act 1984

Answer 9

Ratcliff v McConnell

Question 10

is the occupier have reason to believe that someone else may come in the vicinity of the danger.

Occupiers Liability Act 1984

Answer 10

Higgs v Foster

Question 11

is the danger is one that the occupier may reasonably be expected to offer some protection

Occupiers Liability Act 1984

Answer 11

Donoghue v Folkstone
Tomlinson v Congleton BC

Question 12

Contributory negligence
100% reduction

Defences to a negligence claim

Answer 12

Jeyes v IMI Itd

Question 13

Consent
Cannot be used if claimant had no choice but to take the risk

Defences to a negligence claim

Answer 13

Smith v Baker

Question 14

Consent
cannot be used if the person has a duty to act and is then injured

Defences to a negligence claim

Answer 14

Ogwo v Taylor

Question 15

Consent
Cannot be used if c acts against employers orders or statutory orders

Defences to a negligence claim

Answer 15

ICI v Shatwell

Question 16

Reasonably Safe
a specific risk cannot last indefinately

Answer 16

Cole v Gilbert

Question 17

Defences for OLA

Answer 17

Consent
Contributory negligence
Warning notices
Exclusion clauses

Question 18

Defences for OLA
Warning notices
S2(4)

Answer 18

Where damage is caused to a visitor by a danger of which he had been warned the warning is not treated as absolving from liability unless in all circumstances it is enough to keep the visitor safe

Question 19

Defences for OLA
Warning notices
Clear and visible

Answer 19

Rae v Mars

Question 20

Defences for OLA
Exclusion clauses
Act

Answer 20

Unfair contract terms act 1977

Question 21

Defences for OLA
Exclusion clauses
S2(1)

Answer 21

Cannot exclude out of death or personal injury caused by negligence

Question 22

Remedies for OLA

Answer 22

Damages for personal injury only