OLA 1957 - DoC Flashcards
(15 cards)
What is the common duty of care according to S.2(2)?
A duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there.
What was the conclusion in Derby v National Trust regarding duty?
No duty in regard to obvious risks.
What is the difference between occupancy duty and activity duty?
The Act is concerned with negligence regarding the state of the premises and not the defendant’s actions.
What was the outcome of Ogwo v Taylor?
Injury resulting from negligence was dealt with under common law instead.
What does the doctrine of allurement refer to in Glasgow v Taylor?
Liability hinged on the concept of allurement.
What principle about parental responsibility was established in Phipps v Rocester?
Very young children should not be out on their own unsupervised.
What was suggested in Bourne Leisure v Marsden regarding blame allocation?
In some cases, neither the occupier nor the parents are to blame.
What did Moses LJ state in Bourne Leisure v Marsden?
Small children can disappear in a moment.
What was the conclusion in Perry v Harris regarding supervision of children?
Requiring constant supervision of children was held to be unreasonably high.
What does S.2(3)(b) state about skilled visitors?
An occupier is entitled to expect that a person in the exercise of his calling will appreciate and guard against any special risk ordinarily incidental to it.
What was established in Roles v Nathan regarding skilled visitors?
No duty owed to a skilled visitor when the danger arises from the area of their calling.
What did Lord Denning state in Roles v Nathan?
The occupier is not bound to watch over the skilled visitor.
What was determined in Salmon v Seafarer Restaurants about skilled visitors?
A skilled visitor could claim if the occupier caused a special or exceptional risk to arise.
In Salmon v Seafarer Restaurants, what must the claim be about?
It must be about a specific hazard and not a general exclusion.
