Occupiers liablity 1957 Flashcards
(15 cards)
Establish if visitors
Invited
Contractural right
Licencee
Statutory right
Consent
Who is the occupier
Anyone who has ownership (Wheat v Lacon) or Control of the land (Baylie v arms.
The injury must occur on the premises
Any fixed or movable structure including a vehicle, vessel and even a ladder
What is the occupiers duty?
To keep reasonably safe - However not completely safe - Lavaton v Kiplasha takeaway.
Children and youths
s 2 (3) Children are owed a higher standard of care, Since they are allured to danger
Simkiss v Rhonda
Cooke v Midlandsrail
Professionals
s 2 (4) Professionals are owed a lower standard in relation to the claimants profession
Roles v Nathan
Who can the defendent discharge the duty to?
An independet contracter if…..
Reasonable to give work to contracter
This means that the claiment would not be able to or it would be too much hassel for them to do it themselfs
Haseldine v Daw
The contracter you hire must be competent
This means they must have some sort of qualification
Bohomley v Todmofen
Occupier must check the work
Before allowing claimant the occupier must check the work and make sure its fixed
Woodword v Mayor of Hastings
Stage 2
The harm must be due to the state of the land
Cole v Davis
Stage 3
The harm must be foreseeable
Jolly v Sutton
Warnings
s.2(4) A warning must be enough to keep reasonably safe
Rae v Morris
This is a complete defense meaning no compensation
Contributory negligence
Reduces compensation - Contributory negligence act of 1945
C must have failed to take reasonably care of self - Sayers v Harlow
C must have contributed to their own harm - Froom v Butcher
- Capps v Miller
Volenti non fit injunia
“to one who consents no harm is done”
knowledge of the precise risk - Wooldridge v Stunner
Exercise of free choice, Not been forced to consent - Smith v Baker
Voluntary acceptance of the risk, Words/Actions that show you accept the risk - Ogula v Taylor
