Occupiers Liablility

Question 1

Wheat v lacon

Answer 1

defintion of an occupier - control of the premisis

Question 2

define premisis

Answer 2

any fixed or moveable structure including a vessel, vehicle and aircraft’.
Case law has expanded the definition to include houses, buildings, land, lifts and even scaffolding.

Question 3

Lowery v walker

Answer 3

implied permission - definiton of legal visitor

Question 4

Dean of Rochester catherderal v debell

Answer 4

resonably safe - duty of care for OL

Question 5

Jolley v Sutton BC

Answer 5

higher standard of care for chilren

Question 6

Phipps v Rochester coorperation

Answer 6

The arguement parents have a responsibiity to supervise thier children that overrides the increaased duty of care

Question 7

Roles v Nathan

Answer 7

if a contractor is harmed they are expected to ‘appriciate and guard and special risks’

Question 8

Hazeldine v Daw

Answer 8

the three points for occupiers liability for contractors work

Question 9

stapes v West dorset DC

Answer 9

Warnings (or obvious danger) - defences for OL

Question 10

revel v newberry

Answer 10

contributary negligence - defences for OL

66% reduction

Question 11

What are the three things that make up the duty of care of an occupier to a lawful visitor

Answer 11

to take reasonable steps to keep them reasonably safe if they are a lawful visitor

Question 12

what are the filters for the duty of care for a tresspasser

Answer 12

the occupier must be aware of a tresspasser
the danger is one of which they should be protected
the occupier must be aware of the danger