Occupiers’ Liability (OCR A-Level Law): Flashcards
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Practise the cards
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Act governing occupier liability to lawful visitors
Act governing occupier liability to lawful visitors
Occupiers' Liability Act 1957
Definition of lawful visitor
Definition of lawful visitor
Someone with permission to be on the premises
Common duty of care standard (s 2(2))
Common duty of care standard (s 2(2))
Reasonable care so visitor is reasonably safe
Types of claimable damage under OLA 1957
Types of claimable damage under OLA 1957
Death, personal injury, damage to property
Standard for children under s 2(3)(a)
Standard for children under s 2(3)(a)
Children less careful than adults
Standard for experts under s 2(3)(b)
Standard for experts under s 2(3)(b)
Experts guard against risks of their profession
Requirement for adequate warning (s 2(4)(a))
Requirement for adequate warning (s 2(4)(a))
Must enable visitor to be reasonably safe
Darby v National Trust principle
Darby v National Trust principle
No duty to warn of obvious risks
Independent contractor defence requirements (s 2(4)(b))
Independent contractor defence requirements (s 2(4)(b))
Reasonable to hire them & checked competence/work
Volenti non fit injuria defence meaning
Volenti non fit injuria defence meaning
Visitor willingly accepted the risk