Cards (3)

  • What is the Occupiers Liability Act 1957:

    It was passed in order to protect "lawful visitors" in respect of dangers due to the state of the premises or things done or omitted to be done on the premises.
  • How to prove Occupiers Liability Act 1957:

    1. Establish occupier (Wheat)
    2. Occ. owes DOC? Lawful visitors? Contractually permitted to be on land? Invitee?
    3. Occ. breaches DOC - reasonable steps taken?
    4. Causation - 'but-for' test (Barnett)
    5. Direct link between Occ., breach of DOC and C's injury.
  • Defences:
    1. Consent
    • C has knowledge of risk
    • C exercises free choice
    • Voluntary acceptance of risk
    2. Contributory Negligence (IMI v Jayes)
    3. Warning Notices (Staples) - if premises extremely dangerous, signs not enough (Rae)