OLA 1957 Flashcards
(14 cards)
Who is the occupier?
Wheat v Lacon
Anyone with sufficient power or control over the premises
Possible to have two occupiers
Do landlords have control?
Harris v Birkenhead Corporation
Landlords do have sufficient control - being able to serve a notice to leave was enough
Owner and insufficient control
Matthewson v Crump
Can be the owner and not have sufficient control to be the occupier (New owner)
Implied Permission
Robson v Haller
Lord Parker - Anyone on their ‘Lawful business to come through the gate’
If invitation is revoked, there needs to be reasonable time for them to leave
Repeated visits doctrine
Lowrey v Walker
Repeated visits, with the occupiers prior knowledge, may amount to an implied invitation
Limits on permission. the Calgarth
Per Sutton LJ - ‘When you invite someone into your house to use your stairs, you do not invite them to slide down the bannister’
Objective or subjective test on permission
Spearman v Royal United Bath Hospital
Court looked at the mental state of the person to see if they were a trespasser.
Limits on permission - Voluntary/Involuntary Impairment
Kolasa v Earling Hospital NHS
Man was in an area where he was not supposed to be because he was drunk
Limits on permission - Markings
Ovu v London Underground
Clear trespasser where there are clear markings not to enter.
A duty to obvious risks?
Derby v National Trust
No
Occupancy Duty v Activity Duty
Ogwo v Taylor
Damage arose from negligence and not premises - Dealt with at common law
Doctrine of allurement
Glasgow v Taylor
Lord Atkin - Liability hinged on the concept of allurement
Parental responsibility
Phipps v Rocester
LJ Devlin - Very young children should not be out on their own unsupervised
