lawful visitors

• In which piece of legislation is lawful visitors contained?

  Occupier's Liability Act 1957
• What is a lawful visitor under the Occupier's Liability Act 1957?

  Someone who has express or implied permission from the occupier to enter and remain on the premises.
• What are the 4 types of adult visitors?

  • Invitees
  • Licensees
  • Contractual Entrants
  • People with a statutory right of entry
• What is an invitee (adult visitor)?

  People invited onto the premises for the occupier's benefit (for example, customers in a shop).
• What is a licensee (adult visitor)?

  People who have express or implied permission to be on the premises for their own purposes (for example, social guests and postal workers).
• What is a contractual entrant (adult visitor)?

  People who have paid for entry (for example, ticket holders at an event).
• What is a person with a statutory right of entry (adult visitor)?

  Those entering under legal authority (for example, police officers with a warrant and firefighters responding to an emergency).
• Which type of duty of care is an adult visitor owed?

  The common duty of care.
• Where is the definition of the common duty of care contained?

  s 2(2)
• According to s 2(2), what is the common duty of care owed to adult visitors?

  "To see that the visitor will be reasonably safe in using the premises for the purpose which he is invited".
• In relation to s 2(2), what do occupiers not have to do?

  Make the premises completely safe for the visitor, they only have to do what's reasonable (Laverton v Kiapasha).
• Which type of duty of care is owed to children coming onto the premises?

  A common duty of care but with an additional special duty.
• Under s 2(3), what special duty of care is owed to child visitors that isn't owed to the others?

  The occupier "must be prepared for children to be less careful than adults".
• Where is the definition of the special duty of care owed to child visitors contained?

  s 2(3)
• For children, what is the standard of care measured according to?

  The age of the child.
• In terms of child visitors, what should the occupier guard against?

  Any kind of allurement or attraction which places a child visitor at risk of harm (Glasgow Corporations v Taylor).
• When very young children are injured, why are the courts reluctant to find the occupiers liable?

  The child should be under adult supervision (Phipps v Rochester).
• In terms of child visitors, what happens if an allurement exists?

  There will be no liability on the occupier if the damage/injury suffered isn't foreseeable (Jolley v London Borough of Sutton).
• What type of duty is owed to a tradesman coming onto the premises?

  The common duty of care.
• What does s 2(3)(b) state about the duty of care owed to tradesmen?

  An occupier can expect that a person in the exercise of their calling will appreciate and guard against any special risks they are expected to know about.
• Where is the concept that a tradesmen, in the exercise of their calling, will appreciate and guard against any risks they are expected to know about?

  s 2(3)(b)
• In terms of tradesmen, when will the occupier not be liable?

  Where the tradesmen fail to guard against risks which they should know about or be expected to know about (Roles v Nathan).
• In terms of tradesmen, when will the occupier be liable?

  Where the tradesman is injured by something that is not related to their trade or calling: the occupier will still owe the common duty of care.
• Which point of law is Laverton v Kiapasha relevant to?

  The occupier doesn't have to make the premises completely safe for the visitor, only to do what's reasonable.
• Which point of law is Glasgow Corporations v Taylor relevant to?

  The occupier should guard against any kind of allurement or attraction which places a child visitor at risk of harm.
• Which point of law is Phipps v Rochester relevant to?

  Where very young children are injured, the courts are reluctant to find the occupiers liable as the child should be under adult supervision.
• Which point of law is Jolley v London Borough of Sutton relevant to?

  If an allurement exists, there will be no liability on the occupier if the damage/injury suffered isn't foreseeable.