OLA 1957 Flashcards

(15 cards)

1
Q

s1(2) and case?

A

an occupier is a person in control of premises
Wheat v Lacon

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2
Q

s1(3)(a) and case?

A

premises are any fixed of movable structure
Hasledine v Daw

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3
Q

s2(1)?

A

sets out a common duty of care to all visitors

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4
Q

s2(2)?

A

duty is to take reasonable care to keep the visitor safe for the purposes for which the visitor is permitted entry

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5
Q

s2(3)(a) and case?

A

higher standard of care must be given to children as they’re more at risk
Moloney v Lambeth BC

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6
Q

what is the case for the doctrine of allurement?

A

Glasgow v Taylor

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7
Q

principle from Phipps v Rochester

A

parents are expected to supervise their children

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8
Q

s2(3)(b) and case?

A

specialist visitor (professional) is expected to guard against the risk ordinarily associated with the trade
Roles v Nathan

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9
Q

s2(4)(b) and case?

A

there is damage caused by negligent contractor when:
a) it was reasonable to hire the contractor for the work
b) a competent contractor was chosen
c) the work was inspected of appropriate
Hasledine v Daw

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10
Q

s2(1)?

A

able to use exclusion causes in certain circumstances

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11
Q

what 2 defences are available?

A

contributory negligence and volenti

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12
Q

section for volenti?

A

s2(5)

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13
Q

section for contributory negligence?

A

s2(3)

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14
Q

what are remedies available for?

A

personal injury, property damage and consequential losses

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15
Q

principle from Tomlinson v Congleton?

A

a lawful visitor can become a trespasser by exceeding the proper limits of his visit

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