occupiers lieablility 1957 Flashcards
(20 cards)
what section says the occupier owe a common doc
s2(1)
what section number is it for premises
s1(3)(a)
what is the definition of premises
any fixed or moveable structure including any vessel,veichle or aircraft
what is the definition of visitor
anyone who is invited or permitted into the land
what case is it for occupier ?
wheat v lacon
what case is it for common doc
darby v national trust and martin v middlesbrough council
what does martin v middlesbrough council say
the council were likeable as they never made a daiquiri arrangements for disposal of litter
what is lord scruttons quote
when you invite sombody into your house to use the stairs you do not invite them to slide down the banister
what section is it for duty owed to children
s2(3)
what does the occupier have to be prepared for when children and re involved
occupier must be prepared for children to be less careful then adults
what cases are there for duty owed to children
glasgow corporation v taylor
jolly v sutton council
what is the POL for glasgow corporation
occupier should guard against any kind of allurnment that places the child visitor at risk
pol for jolly v sutton council
the boat was an allurnment and forseeable that some injury may occour if children played around it
what is the pol for phillips v rochester corporation
no lieablility as parents never had the child under control so a higher duty of care was needed
what section is it for duty owed to experts and what does it say
s2(3)(b) - occupier may expect a specialist visitor will be aware and protect himself against risk in his own specialism
what case is it for duty to experts
role v nathan - occupier would of been lieable if the sweeps had died by the stairs falling on them etc
what section is it for negligence if an independent contractor
s2(4)(b) - occupier not lieable for loss or injuries when the cause of the damage is the negligence of an ic hired by the occupier
what is the first condition and case for independant contractors
1)must of been reasonable for the occupier to entrusted the work of the ic
hadeldine v daw and don ltd- defendant not lieable as mending a lift is of a technical nature
what is the second condition and case for independent contractors
occupier must of taken reasonable steps to satisfy himself or herself that the contractor was competent to carry out the work
bottomley v todmorden cricket club
what is the third condition ans case for independant contractors
occupier just check thr work has been done correctly but the more complicated the less reasonable it is to expect this
woodward v mayor of hastings - occupier lieable as it should of been an obvious risk
