Summary
Summary Occupiers Liability
- Institution
- AQA
Includes: - Occupiers liability 1957 (lawful) - Occupiers liability 1984 (unlawful)
[Show more]
Seller
Follow
Content preview
Wheat v Lacon – Occupier isOLA 57 person/s with occupational
control
OLA 84 S(1)(8) = Only PI and death claimable.
Includes those whom exceed their permission (Revill v Newbery)
S(1)(2) = invitees – Invited
S(1)(3)(a) = extends to fixed S(1)(4) – DOC = see that other doesn’t suffer injury on premises
therefore have express
and moveable structures (Ratcliffe v McConnell))
permission.
S(2)(2) – DOC
S(1)(3)(a) = Occupier owed DOC if aware of a
Death, PI + Damage all are S(1)(2) = Licensees – Express
danger or believes it exists, and (Rhind v Astbury)
claimable. or implied permission
Owes S(1)(3)(b) = Occupier knows or believes other is in or
- S(5)(1) = Pursuant to a contract may come into vicinity of danger, and (Higgs v Foster)
Lawful a DOC
- S(2)(6) = Statutory right
Visitors Implied license (Lowery v Walker)
if: S(1)(3)(c) = Risk is one which occupier is
reasonably expected to take protection against.
(Donoghue v Folkstone)
Standard of care is of a ‘reasonable
occupier’ (White Lion Hotel v James)
Breach Premises themselves must be dangerous
S(2)(3)(a) = Occupier must be not activity (Keown v Coventry Healthcare
of DOC prepared for children to be less Breach NHS Trust)
careful than adults. (Jolley v Sutton)
of DOC
S(2)(3)(b) = Person in exercise of his
calling should protect against special
Warnings/signs
risks. (Roles v Nathan)
S(2)(4)(a) = Warning must in all
circumstances enable visitors to
Dangers by Independent Contractors Warnings/signs Defences:-
be reasonable safe to discharge
duty (use darby) S(2)(4)(b) = Occupier not liable for actions of S(1)(5) = Duty can be discharged if Volenti non fit injuria = S(1)(6) – SEE 57
independent contractor if they 1.acted reasonably a warning sign or action to
Don’t have to warn against Contributory Negligence = SEE 57
in entrusting and took 2.reasonable steps e.g. due discourage is given (Tomlinson v
obvious risks (Darby v National
diligence (Bottomley v Todmorden Cricket Club) Congleton).
Trust)
Defences:-
Volenti non fit injuria = S(2)(5) – Risks willingly accepted by visitors, no DOC on occupiers. “Voluntary Agreement by the C, in full knowledge of the circumstances”
Contributory Negligence = Law Reform (Contributory Negligence) Act 1945 – Visitor fails to take reasonable care for their own safety [Damages can be reduced].
Exclusion of Liability = S(2)(1) – Occupiers can change their duty as long as they are free to do so.
The benefits of buying summaries with Stuvia:
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
You can quickly pay through credit card for the summaries. There is no membership needed.
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 finn8. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £4.76. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
78834 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now