OLA 1957

• What is the focus of the video tutorial on occupiers liability?

  Occupiers Liability Act 1957
• What does occupiers liability recognize?

  Control of land must avoid injuring others
• Which two key statutes govern occupiers liability?

  Occupiers Liability Act 1957 and 1984
• What does the 1957 Act relate to?

  Liability for injury to lawful visitors
• What does the 1984 Act govern?

  Liability to persons other than visitors
• What does the 1957 Act section 1 subsection 2 state about occupiers?

  Common law rules apply to define occupiers
• What are the four categories of occupier identified in Wheat v Lacon?

  Tenants, landlords, owners, independent contractors
• What types of premises does the 1957 Act cover?

  Houses, vessels, vehicles, aircraft
• Who is considered a lawful visitor under the 1957 Act?

  Persons with express or implied permission
• What is express permission in terms of lawful visitors?

  Explicit invitation to enter premises
• How can occupiers limit express permission?

  By restricting place, behavior, or time
• What does the quote from Scrutton LJ illustrate about lawful visitors?

  Visitors can become trespassers if they exceed permission
• Who are implied visitors according to common law?

  Persons assumed to have unobjectionable presence
• What does section 2 subsection 2 of the 1957 Act require from occupiers?

  Ensure visitors are reasonably safe
• What is the standard of care expected from occupiers?

  Reasonable care based on circumstances
• What does section 23a of the 1957 Act state about children?

  Occupiers must prepare for children's carelessness
• What did the court decide in Phipps v Rochester regarding children?

  Responsibility rests with the adult accompanying them
• What did the House of Lords state in Jolly v Sutton about children?

  Children can find unexpected ways to cause mischief
• What does section 23b of the 1957 Act say about professional callers?

  They must appreciate risks in their work
• What was the outcome of Roles v Nathan regarding the chimney sweeps?

  Occupier was not liable for their deaths
• Why was the occupier not liable in Roles v Nathan?

  Risk was ordinary for chimney sweeps' work
• What does section 24a state about warnings?

  Warnings can discharge the duty of care
• What does section 24b state about independent contractors?

  Occupier is not liable for their faulty work
• What must an occupier do regarding independent contractors?

  Ensure they are competent and check work
• What is contributory negligence?

  Reduced damages due to visitor's carelessness
• What does section 2(1) allow an occupier to do?

  Extend, restrict, exclude, or modify liability
• What are the key points of the 1957 Act regarding occupiers liability?

  • Defines who an occupier is
  • Covers various premises types
  • Establishes duty of care for lawful visitors
  • Special considerations for children and professionals
  • Liability regarding independent contractors
• What are the categories of special visitors under the 1957 Act?

  1. Children
  2. Professional callers
  3. Visitors with warnings
  4. Work done by independent contractors
• What factors affect the standard of care owed by occupiers?

  • Age of visitors (children vs adults)
  • Professional expertise of visitors
  • Nature of the work done by contractors
  • Presence of warnings about risks