Visitor' under occupier's liability 1957-FS Flashcards
(30 cards)
What is the third requirement a claimant must prove under the Occupiers’ Liability Act 1957?
That they fall within the common law definition of a “visitor”.
What are the four categories under which a person qualifies as a lawful visitor at common law?
The four categories are:
- Express permission,
- Implied permission,
- Contractual permission,
- Lawful authority.
What does it mean for a person to be on premises with express permission?
It means the occupier has given explicit consent for that person to be on the premises, making them a lawful visitor under the 1957 Act
Can express permission be limited by the occupier?
Yes. Express permission can be limited by area, time, or purpose, and if a visitor exceeds those limits, they may become a trespasser.
How can express permission be limited by area?
The occupier may prohibit access to certain areas, and if the visitor enters those areas despite clear warnings, they lose visitor status.
What must the occupier do to effectively limit access by area?
The occupier must use clear language and ensure the location of any signage or instruction is appropriate and visible.
How can express permission be limited by time?
The occupier may impose time-based conditions (e.g., opening hours), and remaining beyond that time without consent renders the person a trespasser.
If a person is still on the premises after a stated time limit, what is their legal status?
They become a trespasser and therefore lose the protection of the Occupiers’ Liability Act 1957.
How can express permission be limited by purpose?
A visitor may become a trespasser if they use the premises for a different purpose than that for which they were granted permission.
What is the legal implication of a visitor breaching the conditions of their permission?
Breaching the area, time, or purpose conditions causes the person to lose their status as a lawful visitor, and they may instead be treated as a trespasser.
If someone has express permission but disregards a safety notice and enters a restricted area, are they still a visitor?
No. They become a trespasser, and the occupier may not owe them a duty under the 1957 Act.
In what circumstances would a pub customer staying past closing time lose visitor status?
If the customer remains after the licensed hours, they exceed the time limitation of their permission and become a trespasser.
Does the Occupiers’ Liability Act 1957 provide protection to trespassers?
No. The 1957 Act applies only to lawful visitors. Trespassers are covered, if at all, under the Occupiers’ Liability Act 1984.
Why is it important to determine whether a claimant was a lawful visitor at the time of the incident?
Because occupiers only owe a duty of care under the 1957 Act to persons who are lawful visitors. Trespassers must look to the 1984 Act.
What happens if a claimant initially entered with permission but later violated the limits imposed by the occupier?
They transition from visitor to trespasser and forfeit protections under the Occupiers’ Liability Act 1957 for any injury sustained thereafter.
What is “implied permission” in the context of occupiers’ liability?
It is a form of permission where the visitor’s presence on the premises is assumed to be unobjectionable to the occupier, despite no express invitation.
Can implied permission be revoked by the occupier?
Yes. Implied permission can be revoked by clear notice, such as signs explicitly instructing people not to enter.
What is the legal consequence if a person enters premises after implied permission has been revoked by notice?
They become a trespasser, and the Occupiers’ Liability Act 1957 no longer applies to them.
What is an example of someone typically entering premises under implied permission?
A postman delivering letters is generally regarded as having implied permission to approach a property.
What happens if a postman ignores a notice prohibiting entry to the premises beyond a certain point?
The postman ceases to be a visitor and becomes a trespasser, thereby forfeiting protection under the 1957 Act.
What does “lawful authority” mean in the context of occupiers’ liability?
It refers to persons who have a statutory right to enter premises, such as police officers with a warrant or officials acting under legal powers.
Is the occupier’s permission required for someone entering under lawful authority?
No. The person is considered a visitor by operation of law, and a duty of care is still owed under the 1957 Act.
What section of the Occupiers’ Liability Act 1957 governs lawful authority?
Section 2, which states that people with legal rights of access are treated as lawful visitors.
What is “contractual permission” in the context of the 1957 Act?
A person has contractual permission if they enter the premises under a contract with the occupier, such as a builder, painter, or service provider.
