Law Paper 2 Occupiers Liability

• What does the Occupiers Liability Act 1957 establish regarding lawful visitors?

  Occupiers owe a duty of care to lawful visitors.
• What must be established for a negligence claim under the OLA 1957?

  Duty, breach, and causation must be established.
• What is the primary duty of an occupier under the OLA 1957?

  To keep lawful visitors safe.
• How is an occupier defined under s1(2) OLA 1957?

  An occupier is treated as such under common law.
• In Wheat v Lacon, why were the defendants considered occupiers?

  They had a sufficient degree of control over the property.
• What is required for there to be more than one occupier?

  Each must have sufficient control.
• What does s1(1)(3)(a) OLA 1957 define as premises?

  Any fixed or moveable structure, including vessels.
• Who qualifies as a lawful visitor under s1(2) OLA 1957?

  A person with permission to enter, express or implied.
• What are the four ways implied permission can be established for lawful visitors?

  1. Repeated visits
  2. The doctrine of allurement
  3. Entry to communicate
  4. Statutory powers of entry
• How does repeated visits imply permission to enter?

  If the occupier knows of the visits and does nothing.
• What was the outcome in Lowery v Walker regarding implied permission?

  The villagers were lawful visitors due to implied permission.
• What was the ruling in Harvey v Plymouth CC regarding implied permission?

  Implied permission did not extend to reckless activities.
• What does the doctrine of allurement state regarding children?

  A child is not a trespasser if attracted to danger.
• What case illustrates the doctrine of allurement?

  Jolley v Sutton LBC.
• What does implied permission to communicate allow?

  Walking up to the front door of a house.
• In Robson v Hallett, who were considered lawful visitors?

  Police officers on the front step.
• What limits the implied permission to communicate?

  It does not extend beyond the front door.
• Who has statutory powers of entry?

  Meter readers, firemen, or police officers with warrants.
• What is the common duty of care under s2(2) OLA 1957?

  To ensure visitors are reasonably safe using the premises.
• What does the duty of care require from occupiers?

  To take reasonable care for visitor safety.
• What is the standard for breach of duty in negligence?

  To act as a reasonable person would in similar circumstances.
• What was the outcome in Tedstone v Bourne Leisure Ltd regarding breach of duty?

  Defendant was not in breach due to reasonable care.
• How can an occupier discharge their duty of care?

  By providing reasonable warnings, implied or express.
• What case illustrates a breach of duty due to inadequate warning?

  Woollins v British Celanese.
• What does s2(4)(b) state about independent contractors?

  Occupiers are not liable if reasonable steps are taken.
• What must an occupier show regarding independent contractors?

  They took reasonable steps to ensure competence.
• What was the ruling in Haseldine v Dew regarding contractor liability?

  Defendant was not liable due to reasonable contractor use.
• What was the outcome in Bottomley v Todmorden Cricket Club?

  Defendant was liable for hiring incompetent contractors.
• What does s2(3) state about contributory negligence?

  The court considers both care and lack of care of visitors.
• What does s2(5) state about consent as a defense?

  Consent is available if the visitor accepts risk.
• What was the ruling in Geary v JD Weatherspoon plc regarding consent?

  Claim failed as the visitor accepted the risk.
• What does s2(1) state about excluding liability?

  Occupiers can restrict or exclude duty of care.
• What must signs do to effectively exclude liability?

  Be clearly worded and visible.
• What was the outcome in Ashdown v Samuel Williams & Sons Ltd regarding liability exclusion?

  Claim failed due to clear risk signs.
• What does the Unfair Contract Terms Act 1977 modify regarding liability exclusion?

  Excludes liability for death or personal injury caused by negligence.
• What does s1(3)(b) state about excluding liability for business premises?

  Occupiers can exclude liability for recreational or educational purposes.
• What is the definition of an "occupier" under common law?

  An occupier is someone with control over property.
• What does the case Wheat v Lacon illustrate about control?

  Control over property can be shared among occupiers.
• What is included in the definition of "premises" under s1(1)(3)(a) OLA 1957?

  Fixed or moveable structures, including vessels.
• What does "lawful visitors" mean in the context of OLA 1957?

  Visitors with permission to enter, express or implied.