Liability in Respect of Visitors: Occupiers’ Liability Act 1957 (AQA A-Level Law): Flashcards
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Factor determining who is an occupier (not ownership)
Factor determining who is an occupier (not ownership)
Occupational control
S 2(2) common duty of care standard
S 2(2) common duty of care standard
Take reasonable care visitor is reasonably safe for permitted use
S 1(3)(a) examples of premises under the Act
S 1(3)(a) examples of premises under the Act
Land, buildings, vessels, vehicles, aircraft
Types of damage recoverable under 1957 Act
Types of damage recoverable under 1957 Act
Death, personal injury, damage to property
S 2(3)(a) duty regarding child visitors
S 2(3)(a) duty regarding child visitors
Occupier must expect children to be less careful than adults
S 2(3)(b) duty regarding expert visitors
S 2(3)(b) duty regarding expert visitors
Expert expected to guard against risks incident to their calling
S 2(4)(a) requirement for adequate warning
S 2(4)(a) requirement for adequate warning
Must be enough to enable visitor to be reasonably safe
S 2(4)(b) avoiding liability for contractor's work
S 2(4)(b) avoiding liability for contractor's work
Reasonable to hire & took reasonable steps to check competence
S 2(5) volenti defence meaning
S 2(5) volenti defence meaning
Visitor willingly accepted the risk (strictly interpreted)
Wheat v Lacon principle on occupiers
Wheat v Lacon principle on occupiers
Multiple parties can be occupiers of same premises