OLA 1957

• What type of tort is the OLA 1957?

  Statutory
• What does the OLA 1957 refer to?

  The duty owed by occupiers to lawful visitors who come onto their premises
• What section of the OLA 1957 are premises defined?

  s1(3)(a)
• What are premises defined as under s1(3)(a) of the OLA 1957?

  Not only land or buildings but also fixed or moveable structures including: vessels, vehicles and aircraft
• What is there no requirement for an occupier to be?

  The owner of the premises or to physically occupy the premises
• There may be more than one occupier
• What is the test for an occupier from Wheat?

  Occupational control
• What is the 'occupational control' test from Wheat?

  Any person with any degree of control over the premises
• What is a lawful visitor?

  Anyone on the premises with the occupier's permission
• What defences can be used for the OLA 1957?

  Consent, exclusion of liability, contributory negligence and independent contractor
• What falls under express permission?

  Invitees (s1(2))

  Those pursuant to a contract (s5(1))
• What are the two types of permission for a lawful visitor?

  Express or implied
• What falls under implied permission?

  Repeated visits (Lowery)

  Doctrine of allurement (Taylor)

  Entry to communicate

  Statutory (s2(6))
• Repeated visits

  Occupier knows/should know people are repeatedly visiting but does nothing to stop it (Lowery)
• Doctrine of allurement

  A child is a lawful visitor if he comes onto premises to investigate something dangerous and attractive to children (Taylor)
• Entry to communicate

  Entry to communicate with occupants
• Statutory

  Statutory power to enter; such persons are visitors under s2(6)
• What section of the OLA 1957 is the law on those pursuant to a contract found?

  s5(1)
• What section of the OLA 1957 is the law on invitees found?

  s1(2)
• Invitees (s1(2))


  Those who've been invited - invitation mustn't be exceeded
• In what section is the common duty of care on occupiers to lawful visitors found?

  s2(2)
• What is the common duty of care on occupiers to lawful visitors under s2(2)?

  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 must be kept reasonably safe in the OLA 1957?

  The visitor
• Why is it the visitor that must be kept reasonably safe?

  Unreasonably expensive to make premises safe
• Occupiers need not guarantee the safety of visitors
• What did Denning say in Nathan about the duty of care?

  "Same as in negligence and standard of care will be modified to take risk factors into account"
• What did Hobhouse say in Tomlinson about the duty to take reasonable care of visitors?

  "Not the policy of the law to require the protection of the foolhardy"
• How can an occupier avoid liability?

  Showing his conduct met the standard of the reasonable occupier (Tedstone)
• Which case tells us that an occupier can avoid liability if his conduct met the standard of the reasonable occupier?

  Tedstone
• What three things help us decide if the duty of care has been breached?

  Warning signs, children, specialist visitors
• What can a warning either be?

  Express or implied
• What must a warning be?

  Clearly visible and explain the danger
• Which case tells us there's no duty to warn against obvious risks?

  Darby
• What does the case of Darby tell us about warning signs?

  No duty to warn against obvious risks
• Which section tells us that a warning will not be treated as absolving the occupier of liability unless it was enough to enable the visitor to be reasonably safe?

  s2(4)(a)
• What does s2(4)(a) tell us about a warning?

  Will not be treated as absolving the occupier of liability unless it was enough to enable the visitor to be reasonably safe
• What does s2(3)(a) tell us about children?

  Occupier must be more prepared for children to be less careful than adults
• Which section tells us occupiers must be more prepared for children to be less careful than adults?

  s2(3)(a)
• What will the court take into account regarding children?

  Age and level of understanding a child that age would be expected to have
• When will occupiers be able to rely on parents supervising their children?

  Appropriate circumstances