Occupiers Liability- Visitors

Question 1

Wheat v Lacon

Answer 1

Lord Denning sufficient control test- occupier is someone that has some degree of control over premises in question

Question 2

Darby v National Trust

Answer 2

Common duty of care- occupier doesn’t need to warn of risks that should be obvious to visitor

Question 3

Marring v Middlesbrough council

Answer 3

Common duty of care only applies if injury is due to the state of the premises

Question 4

The Calgarth

Answer 4

•Lord Scrutton- when you’re invited in a house to use the stairs, you aren’t invited to slide down the banisters
•duty limited to purpose of visit and if goes beyond they lose protection and become trespassers

Question 5

Glasgow corporation v Taylor

Answer 5

Occupiers should remove any allurement on the premises that could lead children to danger

Question 6

Phipps v Rochester corporation

Answer 6

S2(3) very young children should be under parental control

Question 7

Role v Nathan

Answer 7

Occupier not liable if the risk is within the tradesman’s specialism/ calling

Question 8

Woodward v Mayor of Hastings

Answer 8

S2(4)(b) occupier should check the work of the IC, the more complex the work, the less they’re expected to check

Question 9

Haseldine v Daw

Answer 9

If work is of complex technical nature, occupier not liable if it was reasonable to have entrusted the IC

Question 10

Bottomley v Todmorden cricket club

Answer 10

Occupier not liable if they took steps to satisfy self that the IC was competent enough to carry out the job

Question 11

Cotton v Derbyshire council

Answer 11

S2(4) occupier is under no obligation to warn visitors of any obvious risks

Question 12

Simms v Leigh RFC

Answer 12

S2(5) occupier not liable if visitor consented to risks of the sport, having full knowledge & understanding

Question 13

Froome v Butcher

Answer 13

When claimant contributed to the injury, no reduction in damages