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A level law occupiers liability, for a trespasser scenario, essay plan.
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full knowledge and essay plan for a scenario on occupiers liability (trespasser)
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Visitor: OLA:Who's an occupier? - s.1(2) OLA1957 a person's occupation or control of premises. Can have more
than 1 occupier [wheat] often can depend on who has necessary insurance to cover the claim.
What are the premises? - s.1(3)(a) OLA1957 – fixed or movable structure, including any vessel,
vehicle or aircraft.
Who is the visitor? express permission – told they can be on the property, occupier can limit how
they act, so any deviation from this can make them a trespasser such as sliding down the banister
[calgarth]. If permission is withdrawn and they don’t leave, then they are a trespasser.
Implied permission – not prohibited from entering but not told they can e.g., a shop or a postman.
Legal right – people who can enter regardless of the opinion of the occupier e.g., police with a
warrant or a contractual right to enter such as a ticket.
The duty that is owed: s.2(1) OLA1957 – owes a common duty of care to all visitors. And must take
reasonable care so its reasonably safe for the purpose of their visit s.2(2)
Category of visitor? Adult-owned duties in s.2(1) ola1957 and s.2(2) to be reasonably safe for their
purpose of visit. No need to guarantee absolute safety as accidents will always happen [dean].
Children – s.2(3)(a) ola1957 must be prepared for children to be less careful than adults and should
be safe for someone of that age as a child may be at risk of something an adult wouldn’t such as gap
in railing [Moloney]. And must expect the unexpected with children [Jolley]-jacking up a boat.
Trades people – s.2(3)(b) ola1957 may expect that a person in the exercise of their own calling will
guard against any risks if the occupier lets them do so. No liable for death of chimney sweep inhaling
soot [roles].
Independent contractors – s.2(4)(b) ola 1957 occupier not liable for damage caused to a visitor by a
danger due to faulty execution of work from an independent contractor, if u could previously
reasonably trust them.
Can pass liability to the tradesperson if –it's reasonable to entrust a professional [haseldine]-fixing
lift. If reasonable steps have been taken to make sure they are competent e.g., check credentials
unlike [Bottomley] using gas for fireworks not wise. If the nature of the work allows the occupier to
check it then they should and still can be liable, but if they won't understand it then it’s the
tradespersons issue. [Woodward] failed to check an icy step, when they could easily check this, so
occupier was liable here. Defenses- complete defense of warnings. S.2(4) ola 1957. A warning is
ineffective unless, in all circumstances, it was enough to keep the visitor reasonably safe. [Rae]-a
deep pit in a shed, a warning couldn’t be seen so no defense. [Westwood]- d not liable as there was
a sign that stated only an authorized person should enter.
Occupiers liability scenario knowledge (trespasser)
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