OLA 1957

Cards (16)

  • What act provides statutory duty towards lawful visitors
    2 (2) OLA 1957
  • 3 criteria to prove duty
    •Occupiers
    •Premises
    •Who are lawful visitors?
  • Case and Judge definition of Occupier?
    Wheat v E Lacon & Co. Ltd (1966): Lord Denning "sufficient degree of control"
  • What is a premises Act and definition?

    s 1 (3) (a) of the 1957 Act: 'fixed or moveable structure, including any vessel, vehicle and aircraft'.
  • Relevance of Revill v Newbury
    Case decided occupier is liable for dangerous conditions or conduct that amounted to them not single actions.
  • Types of Lawful visitors act and case
    S2 (1)
    Adults
    Children
    Workmen
    Independent contractors
  • Types of Adult visitors?
    •Invitees - people who have been invited to enter or who have express permission to be there.
    •Licensees - persons who may have expressed or implied permission to be on the land for a particular period.
    •Those with contractual permission
    •Those given a statutory right of entry
  • Adult visitor must be? Case?
    S2(2) - Reasonably safe. Laverton v Kiapasha Takeaway Supreme
  • Child visitor Allurment meaning and cases?
    Occupier must guard against Allurments Glasgow Corporation v Taylor
  • What case decides that the allurment must be foreseeable
    Jolley v London Borough
    of Sutton
  • When can workmen not claim OLA?
    s2 (3) (b) of the 1957 Act Workmen cannot claim OLA for a incident related to their profession.
    Roles v Nathan (1963)
  • Workman must be?
    Competent Bottomley v
    Todmoreden Cricket Club (2003):
  • Occupier must test what of workman?
    Their work Woodward v
    The Mayor of Hastings
  • What is an extra defence only available to OLA?
    Warning notices
  • Warning must be act and case?
    S2 (4) enough to enable the visitor to be reasonably safe

    Rae v mars (UK) Ltd (1990):
  • Warning notice cannot exlude liability from negligence
    S65 Consumer Rights Act 2015