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Tort Law - OL

Occupiers Liability

QuestionAnswer
Wheat v Lacon Multiple people can be an occupier
Harris v Birkenhead Corporation An occupier is someone who 'controls the premises'
What are premises? What act tells us this? s1(3)OLA 1957: Land, buildings, any fixed or moveable structure
Wheeler v Copas Premises includes ladders
Who is a visitor? Someone who has been granted (express/implied) permission by the occupier to access the premises
Who is a trespasser? What act governs their rights? Someone who enters the property without permission. OLA 1984
Lowery v Walker courts can imply permission (used shortcuts before)
What standard of care is owed to visitors? what Act? OLA 1957 s2(1): occupiers owe a common duty of care to visitors
What is the Common duty of care? visitor will be reasonably safe in using the premises for the purposes for which he/she is invited to be there
Laverton v Kiapasha Takeaway Supreme Occupiers took reasonable steps to keep the visitors reasonably safe
What section of the OLA 1957 refers to occupiers standard of care upon children? s2(3)(a)
Glasgow Corporation v Taylor allurement of fruit bush meant they weren't trespassing
Phipps v Rochester Corporation wasn't expected children would be left alone (no parents) on building site, so not liable
What law governs persons exercising a calling? and what does it say? OLA 1957 s2(3)(b): they will appreciate and guard against any special risks relevant to their work
Roles v Nathan Chimney Sweeps should have taken reasonable precautions themselves
What law governs independent contractors? and what does it say? OLA 1957 s2(4): Occ liable if work<common duty unless reasonably saw competence, and checked work (if nature allows)
Haseldine v Daw Nature of work (lift) didn't allow occupier to check the work had been properly done
Woodward v Mayor of Hastings cleaners so nature of work allowed the occupier t ocheck the work was properly done
Bottomley v Todmorden CC Occupier (cricket club) didn't take reasonable steps to check if the contracter (stunt team) was competent
Gwilliam nature of work (splat wall) didn't allow the occupier to check if work was properly done
What duty is owed to trespassers? Explain The common duty of humanity: reasonable care taken to ensure non-visitor is not injured from specific dangers on premises
What are specific dangers? (1) Occ aware/reasle beleif of danger (2) occ knows/reasle beleif a person in vicinity (3) occ reasly expected to protect
Rhind v Astbury Water Park Submerged danger
Donoghue v Folkestone winter harbour dive - occupier not reasonably expected to protect - unforseeable
Higgs v Foster Cop in pit - occupier unaware of their presence so didn't know/have reasonable grounds to believe a person in vicinity
Scott v Associated British Ports Train Surfers - foreseeable because it had happened previously
Mann v Northern Electric Football in Electricity substation - occupier had taken reasonable steps (19 foot fence)
Ratcliffe v McConnell Trespasser in Pool - The warning signs and since not reasonable to keep lights on meant they took reasonable steps
Tomlinson v Congleton BC Trespasser in lake - unreasonable to fence off all water + warning signs
Keown v Coventry Healthcare 11-year old climbs on fire escape - premises was deemed not dangerous, merely the improper way it was being used
What defences are applicable to Occupiers Liability? + statute Contributory negligence (s2 OLA 1957), Volenti (s2 OLA 1957), Exclusion clauses (UCTA 1977 s2, CRA 2015 s62)
Revel v Newbery Contributory Negligence: Old man in a shed shoots trespasser. Damages reduced because V shouldn't have been trespassing
Titchener v BRB Volenti on railway - should have known the risks by walking along the train tracks
What is Contributory negligence? Visitors must take reasonable care for their own safety
What is volenti when the Occupier proves that the visitor has willingly accepted the risk
Created by: Oscar.G
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