Occupiers Liability Act 1957

• Which case is affiliated with an occupier?

  Wheat V E Lacon
• which section is premised defined under?


  s 1 (3) (a)
• What is premises defined as?


  ’any fixed or moveable structure, including any vessel, vehicle and aircraft.’
• what does S 2 (1) of the Act say?


  the occupier owes a lawful visitor a common duty of care.
• visitor- lawful adult visitors are invitees, licensees, those with contractual permission and those with statutory right of entry.
• What does the Laverton V Kiapasha Takeaway case say?


  The occupier must make the premises reasonably safe, not completely safe.
• S 2 (2) - take such care as is reasonable to see the visitor will be reasonable safe on the premises for the purpose in which he’s invited.
• Which section states that the occupier must be prepared for children to be less careful than adults?


  S 2 (3)
• Which case regards ‘allurements’?


  Glasgow Corporation - berries
• What did the Phipps V Rochester case say?

  Duty of care is subjective to and parents cannot completely transfer responsibility for their young children.
• s 2 (3) (b) states what?

  Liability to people carrying out a trade or calling. Occupier can expect the person to guard against special risks.
• What does Roles V Nathan say?


  Occupier not liable where tradesmen fail to guard against risks which they should know about.
• What section is occupier‘s liability for torts or independent contractors under?


  s 2 (4)
• What are the 3 requirements for an occupier to have a defence and pass the claim to the workman?


  -must be reasonable for the occupier to have hired the independent contractor.

  -contractor must be competent.

  -occupier must check the work.
• what defences are available under this act?


  -contributory negligence.

  -consent.

  -warning notices.