acts, sections etc.

Cards (13)

  • road traffic act 1988 (negligence)
  • law reform (contributory negligence) act 1945
  • damages act 1996 (negligence)- allows parties to agree a structured settlement for general damages
  • OLA 1957 (lawful visitor)
  • OLA 1984 (tresspasser)
  • s.2 (2) OLA 1957-occupiers take reasonable care to keep all visitors reasonably safe during their visit
  • s.2(3)(a)-OLA 1957- occupier must be prepared for children to be less careful that adults so higher standard of care
  • s.2(3)(b) OLA 1957- occupier can expect tradespeople and visitors with special skills to guard against their own risks specific to their trade/ skill
  • s.2(4)(b) OLA 1957- (defence of independent contractors) occupier can argue that contractor is liable if:
    it was reasonable to hire the contractor
    precautions had been taken to ensure the contractor was competent
    reasonable checks had been made on the contractors work
  • s.2(4)(a)- OLA 1957- warning notices- occupier gives effective warning of the danger provides a complete defence
  • s.1 (3)OLA 1984- imposes a duty on occupier for the trespasser, provided:
    aware of danger or expects it exists
    knows or has reasonable grounds to believe the trespasser may come into the vicinity of the danger
    can take reasonable steps to offer some protection against the danger
  • s.1(4)requires occupiers to take such care as is reasonable to see that the trespasser does not suffer any injury on the premises by the danger
  • s.1(5)OLA 1984-warning signs can be effective defences as long as clear