9084 · 4.2.1
Occupiers' liability flashcards
Revision flashcards for Cambridge 9084 Occupiers' liability (syllabus 4.2.1). Flip, recall, then mark a real past-paper question.
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Who is an occupier (OLA 1957 s1)?
Person with sufficient control over premises — may be more than one (Wheat v Lacon: brewery and manager both occupiers).
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Common duty of care (s2(2))?
Take such care as is reasonable in all circumstances to see visitor is reasonably safe in using premises for purpose permitted.
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s2(3) OLA 1957 factors?
Age of visitor, purpose of visit, degree of care expected of visitor, knowledge of occupier, precautions occupier may expect visitor to take.
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OLA 1984 trespasser duty?
Duty if occupier knows of danger, knows/be reasonably expects someone may come near, risk reasonable to offer protection — lower threshold than 1957.
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Roles v Nathan?
Independent contractor's fault — occupier not liable if chose competent contractor for specialised work and did not supervise negligently.
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Visitor vs trespasser?
Visitor has permission (express/implied); trespasser enters without permission — different statutes and standards apply.
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Who is an 'occupier' for the purposes of Occupiers' Liability?
A person who has a sufficient degree of control over the premises. There can be more than one occupier. The key case is *Wheat v E Lacon & Co Ltd*.
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What is the 'common duty of care' under s.2(2) OLA 1957?
A duty to take such care as in all the circumstances is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which they are invited or permitted to be there.
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How does the duty of care differ for child visitors under OLA 1957?
Under s.2(3)(a), an occupier must be prepared for children to be less careful than adults. The premises must be reasonably safe for a child of that age. This includes guarding against 'allurements' (*Glasgow Corporation v Taylor*).
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What three conditions must be met for a duty to be owed to a trespasser under s.1(3) OLA 1984?
1. Occupier is aware of the danger. 2. Occupier knows or has reasonable grounds to believe a non-visitor is in (or may come into) the vicinity of the danger. 3. The risk is one against which the occupier may reasonably be expected to offer some protection.
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What is the key difference in the type of damage recoverable under OLA 1957 and OLA 1984?
OLA 1957 allows claims for both personal injury and damage to property. OLA 1984 only allows claims for personal injury; damage to property is not recoverable.