Independent contractor: OLA 1957

• What section of the OLA 1957 is the defence of an independent contractor found?

  s2(4)
• What is the defence of an independent contractor?

  The lawful visitor has been harmed whilst on the occupier's premises but it has arisen from the negligence of a workman
• What three requirements must be ALL be satisfied?

  1 . Must be reasonable for the occupier to have given the work to a independent contractor (Haseldine)

  2 . Contractor must be competent - carry out checks (Bottomly)

  3 . Occupier must check work has been properly done - may require an expert (Woodward)
• What first requirement must be satisfied?

  Must be reasonable for the occupier to have given the work to a independent contractor (Haseldine)
• What second requirement must be satisfied?

  Contractor must be competent - carry out checks (Bottomly)
• What third element must be satisfied?

  Occupier must check work has been properly done - may require an expert (Woodward)