Act 1957

• What is Act 1957

  an occupier of premises owes a duty of care to lawful visitors
• what case defines an occupier?

  wheat v Lacon & co
• what section is premises defined in

  s1(3)(a)
• what case defines a premises

  wheeler v copas
• what are the types of lawful visitors - s2(1)

  • contractual
  • invitee
  • licensee
  • statutory right of entry
• s2(2)

  an automatic duty applies to keep visitors reasonably safe
• what case is used for s2(2)

  Laverton v Kiapasha Takeaway
• what did Laverton v Kiapasha Takeaway instil

  the premises does not need to be completely safe, only needed reasonable care
• what case shows that there needs to be a real source of danger

  Dean chapter of Rochester Cathedral v Debell
• what section is used for child visitors

  s2(3)(a)
• s2(3)(a)

  prepared for children to be less careful than adults
• case used for child trespassers

  Phipps v Rochester
• principle from Phipps v Rochester

  parents should not allow children into unsafe spaces
• what section is used for tradespersons

  s2(3)(b)
• s2(3)(b)

  occupier not liable for tradespersons who fail to guard against risks they should be expected to know about
• case used for tradespersons

  Roles v Nathan
• what section is used for transferring liability

  s2(4)(b)
• what are the conditions needed in s2(4)(b)

  • reasonable to give work to independent contractor
  • contractor competent?
  • occupier must check work
• what case is used for if it is reasonable for the occupier to give work to independent contractor?

  Haseldine v Daw
• what case is used for the contractor needing to be competent?

  Bottomley v Todmorden Cricket Club
• what case is used for the occupier needing to check the work?

  Woodward v Mayor of Hastings
• what section is used for warnings

  s2(4)
• what does s2(4) state

  warnings can be a complete defence if it was enough to ensure the visitor to be reasonably safe
• what case is used for warnings

  Rae v Marrs