Lawful visitors

• which legislation oversees the law for occupiers' liability over lawful visitors?

  Occupier's Liability act 1957
• What is the significance of the case of wheat v Lacon & co?

  defines a legal occupier as someone who is in control of the premises
• what is the general rule set through the occupier's liability act 1957 in terms of the Occupier's duty of care?

  The occupier has a duty of care over all of their lawful visitors.
• when is someone classed as being a lawful visitor of the premises?

  If they have express permission

  If they have implied permission- the Occupier is deemed to have granted permission.

  People who are exercising a right conferred by law
• what happens if a visitor goes against the O's time, place, and purpose limits?

  The visitor will become a trespasser.
• what does section 2(1) of the occupier's liability act 1957 say?

  It states that an occupier owes a duty of care to all lawful visitors
• What section of the occupier's liability act states that the occupier owes a duty of care to all lawful visitors?

  Section 2 (1) of the occupier's liability act
• what does section 2(2) of the occupier's liability act say?

  the visitor must be reasonably safe in using the premises for the purposes for which they are invited / permitted
• what section of the occupier's liability act 1957 says that the visitor must be reasonably safe in using the premises for the purposes for which they are invited/permitted ?

  Section 2(2) of the occupier's liability act 1957
• what does section 2(3)(a) of the occupier's liability act 1957 say?

  The occupier must be prepared for children to be less careful than adults
• What part of the occupier's liability act states that the occupier must be prepared for children to be less careful than adults?

  Section 2 (3) A
• What is the significance of the case of Glasgow corporation v Taylor?

  The occupier must either remove allurments or make them safe.
• Which case says that occupiers must remove allurements or make them safe?

  Glasgow corporation v taylor
• what is the significance of phipps v Rochester corporation?

  it shows that very young children (under 7 years old) must be under the supervision of a parent or another adult.
• what section of the occupier's liability act 1957 says that a skilled visitor should recognise any special risks associated with his / her specialism, and be better able to take care of their own safety ?

  Section 2 (3) (B)
• what does section 2(3)(B) of the occupier's liabiltiy act 1957 say?

  It says that a skilled visitor should recognize any special risks associated with his / her specialism, and be better able to take care of their safety
• what is the significance of the case of roles v nathan?

  It shows that there is a lower standard of care which applies in relation to skilled visitors; it will only apply to risks which are directly connected with the specialism
• What case shows that a lower standard of care will apply to skilled visitors if the risks associated to their visit directly relates to their specialism?

  Roles v Nathan
• what does section 2 (4) (A) of the occupier's liability act 1957 say?

  It states that warnings may fulfill the occupier's liability, and gives the rules behind the use of a warning
• what section of the occupier's liability act states that warnings may fill the occupier's liability and defines the rules behind the use of warnings?

  Section 2 (4) (A)
• What are the rules of the use of warnings stated in section 2 (4) (A) of the occupier's liability act 1957?

  they must allow the visitor to be reasonably safe, be clearly visible to the visitor and tell them how to remain safe.
• what does section 2(1) of the occupier's liability act 1957 say?

  It states that the occupier will be able to exclude liability where the law allows, which does not include persona injury or death.
• what does section 2(1) of the unfair contract terms act 1977 say?

  liability for death or personal injury can never be excluded
• What legislation and section states that liability for death or personal injury will never be excluded?

  Section 2(1) of the unfair contract terms act 1977
• What does section 2(2) of the unfair contract terms act 1977 say?

  it states that liability for damage to property or financial loss can be excluded if it is reasonable in the circumstances.
• What section of what legislation states that that liability for damage to property or financial loss can be excluded if it is reasonable in the circumstances.?

  Section 2(2) of the unfair contract terms act 1977
• if the occupier contracts work to an independent contractor, then the occupier won't be in breach of the OLA 1957 if:

  It was reasonable to subcontract the work

  The O took reasonable care to check that the contractor was competent

  The O took reasonable care to check that the contractor's work had been done properly.
• what is the significance of the case of hazeldine v daw & son 1941?

  It is an example of the O being reasonable in subcontracting the work
• What is the case that gives an example of where subcontracting work is reasonable ?

  Hazeldine v daw & son ltd 1941
• what is the significance of the case of Bottomley v Todmorden Cricket Club?

  It gives an example of the D being found liable as it had failed to exercise reasonable care in choosing safe and competent contractors.
• Which case gives an example of the D being found liable as it had failed to exercise reasonable care in choosing safe and competent contractors?

  Bottomley v Todmorden cricket club 2003
• what is the significance of the case of Woodward v Mayor of hastings?

  it is an example of where the O didn't check to see if the Contractor's work had been done properly.
• which case gives an example of where the O didn't check to see if the Contractor's work had been done properly?

  Woodward v mayor of hastings
• what is the significance of section 2(5) of the occupier's liability act 1957?

  It allows the occupier to plead the defenses of consent and contributory negligence.
• what section of the occupier's liability act 1957 states that the occupier can plead consent and contributory negligence as defences?

  Section 2(5)
• What is the significance of section 2(6) of the occupier's liability act 1957?

  it states that people who enter premises in accordance with a legal right are considered to have the occupier's permission to be there, even if they don't have it in fact. This includes people like police officers, firefighters, and utility workers who have a right to enter property regardless of the occupier's wishes.
• What section of the occupier's liability act 1957 states that people who enter premises in accordance with a legal right are considered to have the occupier's permission to be there?

  Section 2(6)
• what is the rule of law from Harris v Birkenhead corporation 1976?

  It shows how a local council can become legal occupiers of property
• what is the significance/rule of law of the case Bailey v Armes?

  it shows how it is possible for there to not be any legal occupiers of the premises.
• Which case shows how it is possible to not have any legal occupiers of the premises?

  Bailey v Armes