occupiers liability

• According to s1(2) of OLA 1957, who is considered an occupier?


  Someone in occupational control of the premises
• Which case helps define who an occupier is under the OLA 1957?


  Wheat v E Lacon
• According to Lord Denning, what are the four categories of occupier?


  • Tenant
  • Licensee
  • Part of building (landlord retains control of some parts)
  • Independent contractor
• If a landlord cannot enter a tenant's premises without providing notice, what is the typical notice period?


  24 hour notice
• According to s1(3)(a) of the OLA 1957, what constitutes a "premises"?


  A fixed or moveable structure
• What kind of permission does a postman typically have to enter a premises?


  Implied permission
• According to S2(1) of the OLA 1957, what kind of duty do occupiers owe to visitors?


  A common duty of care
• According to S2(2) of the OLA 1957, what level of care must an occupier take to ensure visitor safety?


  Reasonable care to be reasonably safe
• According to S2(3)(a) of OLA 1957, what should an occupier consider regarding children visiting their premises?


  Children are less careful than adults
• Which case demonstrates that allurements will not work in favour of a defendant?


  Glasgow v Taylor
• In Phipps v Rochester, why was the defendant not held liable when a child fell into a trench?


  Parents should have supervised the child
• In which case was an occupier liable for children playing on a dangerous abandoned boat?


  Jolley v Sutton
• According to S2(3)(b), what expectation is there regarding tradespeople on a premises?


  Tradespeople must be careful themselves as trades come with their own risks
• In Roles v Nathan, why was the occupier not liable for the chimney sweeps' deaths?


  Chimney sweeps should know the risks
• Under S2(4), what three requirements must be met for an occupier to potentially pass liability to an independent contractor?


  • Reasonable to give work to IC
  • Contractor must be competent
  • Occupier must check work was done properly
• Which case demonstrates the requirement that it's reasonable for the occupier to give work to an IC?


  Haseldine v Daw & Don
• Which case demonstrates the requirement that a contractor must be competent?


  Bottomley v Todmorden Cricket Club
• Which case demonstrates the requirement that the occupier must check work was done properly?


  Woodward v Mayor of Hastings
• Under S2(4)(a), do warnings automatically remove liability, especially with children?


  No, they don't automatically remove liability
• When is a warning sufficient to remove liability?


  If sufficient for the situation or obvious
• In Rae v Mars, why was the warning considered insufficient?


  It was inside the entrance to a dark pit
• In Staples v West Dorset City Council, why was the occupier not liable for the injury?


  The danger was obvious
• According to S2(1), what can an occupier do regarding their duty of care?


  Extend, restrict, modify or exclude it
• What is the meaning of "volenti non fit injuria" according to S2(5)?


  To a willing person, injury is not done
• What does contributory negligence mean in the context of occupiers' liability?


  Claimant is partially responsible for injuries
• Who carries the burden of proof in occupiers' liability cases?


  The claimant
• What is the main difference between OLA 1957 and OLA 1984?


  Liability to visitors vs. trespassers
• Which case led to the creation of OLA 1984?


  Herrington v British Railway Board
• How is a trespasser defined in relation to a premises?


  Enters without permission or violates terms
• According to S1(4) of OLA 1984, what duty of care is owed to trespassers?


  Reasonable care so trespasser isn't injured
• According to S1(3) of OLA 1984, under what three conditions is a duty of care owed to a trespasser?


  • Occupier is aware of the danger
  • Occupier knows person is near the danger
  • Danger is significant, occupier should extend protection
• Is there an automatic duty of care owed by occupiers to trespassers?


  No, there is no automatic duty
• Compared to visitors, is the protection of trespassers higher or lower?


  Much lower
• In Donoghue v Folkestone, what did the court decide about warning adult trespassers?


  No need to warn of obvious danger
• In Ratcliff v Mcconnell, when does an occupier not have to warn adult trespassers against risks?


  Unforeseeable time of day/year
• In Tomlinson v Congleton Borough Council, when will an occupier not owe a duty of care to a trespasser?


  If he doesn't expect them to enter
• In Higgs v Poster, when does an occupier not owe a duty of care?


  For a danger he's unaware of
• What did Rhino v Astbury suggest about the judicial approach to children and adult trespassers?


  Appears to be the same
• What test was used in Platt v Liverpool City Council to determine if the occupier breached their duty?


  Reasonable man test
• According to S1(5) of OLA 1984, how can a duty be discharged?


  Reasonable steps to warn of danger