100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Summary A* A level Law Notes on Occupiers Liability 1957 $7.75
Add to cart

Summary

Summary A* A level Law Notes on Occupiers Liability 1957

 14 views  0 purchase
  • Course
  • Institution

Notes on OLA 1984 and OLA 1957 with exam structure for questions and relevant cases

Preview 1 out of 3  pages

  • August 22, 2022
  • 3
  • 2022/2023
  • Summary
avatar-seller
Introduction:
What is an occupier?
- An Occupier is the person with control over the premises at the time of the incident, can be
more than one person with control: Wheat v Lacon
- Look at who is effectively in control of the premises at the time of the incident Harris v
Birkenhead Corporations-> may be no-one in effective control: Bailey v Armes

What are premises?
s.1(3)(a): any fixed or movable structure (wide definition)

Addie v Dumbreck: originally no liability to trespassers
BRB v Herrington: the courts introduced a common duty of humanity to trespassers

Duty of Care
- s.2(1) The occupier of premises owes the common duty of care to all lawful visitors in
respect of personal injury or property damage due to the state of the premises
- s.2(2) the common duty of care is to take reasonable care in all circumstances to see that
the visitor will be reasonably safe in using the premises for purpose for which they are
invited to be there
> a lawful visitor can become an unlawful visitor if they exceed their permission or
enter a prohibited area

Laverton v Kiapasha Takeaway: occupier need not make the premises completely safe, only
reasonably safe
Rochester Cathedral v Debell: Need a reasonably foreseeable risk, a real source of danger
in order for a claim to succeed

Additional duty to children
Occupier owes child visitors the common duty of care plus an additional special duty
s.2(3)(a): 'must be prepared for children to be less careful than adults'
> therefore 'the premises must be reasonably safe for a child of that age'
Should protect against any allurements (attractions) that may put a child visitor at risk
Glasgow Corporation v Taylor

Breach of Duty
- Standard of care is same as applied in negligence
- Blyth v Birmingham Waterworks: general standard: reasonable man
- This means that the occupier is only obliged to guard against reasonably
foreseeable risks
This standard may be raised where there is a sizable risk: Bolton v Stone

Potential defences
Liability to children
- Parents are expected to supervise very young children: Phipps v Rochester Corporation
- Even where an allurement exists, the occupier will only be liable where the damage (loss or
injury) was reasonably foreseeable Jolley v London Borough of Sutton

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller matildaaylott. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $7.75. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

52510 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
$7.75
  • (0)
Add to cart
Added