Paper 2.8 - OLA 1957 & eval Flashcards
(13 cards)
Under OLA 1957, what may a successful claimant claim damages for?
Personal injury and/or damage to property.
In OLA, d is always the occupier.
What is the definition of an occupier and what case defines this?
Someone who is in control or possession of the premises.
Wheat
D rents out pub rooms; C falls down the stairs of the pub. House of Lords decided that manager and employees were occupiers. There can be multiple occupiers.
What is the definition of premises and what act / case defines it?
Occupier’s Liability Act 1957 s1(3)(a)- ‘fixed or moveable structure.’
Tomlinson - including lakes.
Name two examples of lawful visitors.
Contractual obligation / work.
Invitation / shopper.
Authority / police.
A lawful adult visitor must be kept what? What section is this?
Section 2(2): ‘Reasonably safe in using the premises for the purpose of which they have been invited.’
An lawful adult visitor must be kept reasonably safe. This does not mean what? What case?
That they have to be completely safe.
Laverton
C slips on the floor of D’s takeaway shop and breaks her ankle. D has anti slip floors and had just finished mopping away water from a storm. D was not liable as they took reasonable care of C.
What does the OLA 1957 say about lawful visitors that are children and which section says this? What case applies to this?
Section 2(3): ‘You must be prepared for children to be less careful than adults’.
Taylor
7 y/o died to eating poisonous berries from shrubs in a public park; council were liable.
If a lawful child trespasser is very young, who does the duty of care fall on? What case applies to this?
The parents must take care of the child.
Phipps
5 y/o injured by falling down a trench without adult supervision. Council weren’t liable as the parents should have taken greater care.
Under OLA 1957, what responsibility does the occupier owe to tradespeople and what section states this? What case?
Section 2(3)(b): Occupier owed a duty of care to risks tradespeople would not know about - however, tradespeople must guard against the special risks of the job (eg chimney sweep bringing a mask).
Roles
Chimney sweep failed to bring a mask to protect from carbon monoxide in the chimney despite occupier warning. Not liable.
If a visitor is hurt by the work of an independent contractor, what three conditions absolve D of liability? What sections of OLA and what cases apply to each of these cases?
s2(4)(a-c):
It must be reasonable to contract the work (Haseldine)
The contractor is competent (Bottomley)
The occupier checked the work (Woodward)
What are the four categories of defences for OLA claims? What cases apply to each?
Consent, s1(6) OLA 1984 (Morris)
Warning signs, s1(5) OLA 1984 (Staples)
Exclusion clauses (except for death and serious injury) (-)
Contributory negligence (Froom)
What are the specifications for warnings signs in OLA?
Warnings signs must be clear, but are unnecessary if the danger is obvious.
Name three evaluation points for OLA 1957.
No statutory definition for occupier.
Reasonably safe: fairer than completely, but subjective.
Children: recognises children need more care but increases responsibilities on parents.
