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occupiers liability- lawful visitors Flashcards

(53 cards)

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1
Q

whats the act for OL lawful visitors

A

Occupies liability act 1957

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2
Q

what does this state

A

an occupier of premises owes a duty of care to lawful visitors

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3
Q

what are the 5 requirements

A

defendant is an occupier

 happened on premises

 claimant was a lawful visitor

 a common duty of care is owed

 there are exceptions

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4
Q

who are the potential defendants

A

occupiers or tenants

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5
Q

what 3 cases give definitions for what an occupier is

A

Wheat v E. Lacon & Co. Ltd 1966
Harris v Birkenhead Corporation 1976
Bailey v Armes 1999

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6
Q

what requirement is these under

A

defendant is an occupier

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7
Q

whats the rule that comes from wheat

A

more than 1 person can be an occupier

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8
Q

whats the rule that comes from harris

A

don’t need to be physically occupying to be responsible- those who have control over property

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9
Q

whats the rule that comes from bailey

A

occupier can be no one

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10
Q

what section of the OLA gives a list of what can be included as a premises

A

s.1(3) Occupiers Liability Act 195

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11
Q

what does it say can be included

A

any fixed or moveable structure, including a vessel, vehicle or aircraft

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12
Q

what does this then also include

A

Houses, offices, building, scaffolding, land, ship in a dock, a lift in a building, a ladder

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13
Q

what case gave us the things from flashcard 12

A

(wheeler v copas 1981)

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14
Q

So for a scenario question on Occupier’s Liability, we first ask:

Is D an occupier-> did the incident happen on Ds ‘premises’-> is C a lawful visitor or trespasser

Then follow the different rules depending on whether Claimant was on the premises lawfully or not

A

not a flashcard dawgy

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15
Q

who are lawful visitors (4)

A

invitees
licenses
statutory right
 contractual permission

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16
Q

what case confirmed that there is no longer an implied license at common law where a person is repeatedly allowed to trespass without being stopped

A

Lowery v Walker (1911)

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17
Q

invitees meaning

A

person who have been invited to enter and have express permission to be there such as customers in a shop

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18
Q

what section of OLA 1957 is this

A

s.1(2)

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19
Q

license meaning

A

persons who may have express or implied permission to be on the land from a particular period

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20
Q

what section of OLA 1957 is this

A

s.1(2)

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21
Q

statutory right meaning

A

those with statutory right to enter such as meter readers or police officers exercising a warrant

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22
Q

what section of OLA 1957 is this

23
Q

contractual permission meaning (an e.g)

Study These Flashcards
A

for example, a person who has brought an entry ticket for an event

24
Q

what section of OLA 1957 is this

25
what section of OLA 1957 is a common duty of care is owed under
s.2
26
what is the definition of this
an occupier should take such care that is reasonable to keep the visitor reasonably safe
27
whats a case to back this
Laverton v Kiapasha Takeaway Supreme 2002
28
what does this case also state
common duty of care imposes a duty on the occupier to keep the visitor reasonably safe, not necessarily to maintain completely safe premises
29
how does this protect defendants
Protects defendants from not having to pay out of claimants silly mistakes
30
who are the exceptions
children tradesperson tradespeople and rescuers independent contractors
31
would these people be the claimants or defendants
claimants
32
what section of OLA 57 state the rule about children
s.2 (3) (a)
33
what does this state
occupiers should be prepared for children to be less careful than adults, especially with ‘allurements’ (appealing e.g a zoo)
34
what are 3 cases that suggest rules for this idk why the first one highlighted g, anyways your doing good carry on!!! love you and me xx
Glasgow Corporation v Taylor 1922 Phipps v Rochester Corporation 1955 Jolley v Sutton London Borough Council 2000
35
Glasgow Corporation v Taylor 1922 rule
Should be careful protect children
36
Phipps v Rochester Corporation 1955 rule
Parents should watch out for children
37
Jolley v Sutton London Borough Council 2000 rule
foreseeable as an allurement then D must protect against it
38
what section of OLA 57 state the rule about independant contractors
s.2(4) OLA 1957
39
what does this state
states that the occupier owes a common duty of care to visitors, but if a visitor is injured due to the negligence of work done on that land by an independent contractor, the occupier will not be liable as long as
40
as long as what 3 things
It was reasonable to give the work to that contractor (e.g. complicated work needs a specialist) The contractor must be competent to do the work (e.g. has references/reviews/insurance) The occupier must check the work has been properly done – and could require an architect or surveyor if it is complicated work
41
It was reasonable to give the work to that contractor (e.g. complicated work needs a specialist) case
Haseldine v Daw &Son Ltd 1941
42
The contractor must be competent to do the work (e.g. has references/reviews/insurance) case
Bottomley v Todmorden Cricket Club 2003
43
The occupier must check the work has been properly done – and could require an architect or surveyor if it is complicated work case
Woodward v Mayor of Hastings 1945
44
what are the 4 defenses that can be used
contributary negligence consent warning signs exclusion clauses
45
what part of OLA tells us warning can be ineffective if...
s.2(4) OLA 1957
46
what does this state
If D has warned visitors of potential dangers then this will act as a complete defence to a claim of occupiers’ liability
47
what does s.2(5) OLA 1957 state
There is also no need to warn people against a risk which is obvious
48
what case backs s.2(4) OLA 1957
Rae 1990
49
what case backs s.2(5) OLA 1957 state
Staples 1995
50
what's an exclusion clause
allows an occupier to limit their liability
51
so soz this in a shit order but whats the section for tradespeople/ rescuers
s.2(3)(b)
52
what does this state
occupiers can expect tradesman to be aware of the ordinary risks involved in their work
53
case for dis von
Roles v Nathan

law- tort law (15 decks)

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