occupiers liability act 1984

?
what section defines an occupier?
s1(2)
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who is an occupier?
someone in occupation or control of the premises. (wheat v Lacon)
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who is the occupier of empty council property?
The council (Harris v Birkenhead Corp)
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what section defines a premises
s1(3)
4 of 20
what is the premises
any vessel, vehicle and aircraft. (wheeler v Copas)
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which act covers a lawful visitor?
Occupiers liability act 1957
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Who can be a lawful visitor? someone with ...
Express permission, Implied permission and Legal right of entry
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define Express permission
an Invitee, or someone charged for entry
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Define Implied permission
not invited, but routinely visits, without being prevented. eg postman
9 of 20
who has a legal right of entry
emergency services. eg fire brigade
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what two sections discuss duty of care?
s2(1) and s2(2) - common law duty to all lawful visitors and to see that the visitor is reasonably safe. (Calagarth)
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Who falls under the special categories of visitors?
Children, Experts and indapendant contractors
12 of 20
children
s2(3)a- dangers may be an allurement and this should be accounted for. (perry V butlins)
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Experts
s2(3)b- can expect the expert to appreciate and guard against any risks ordinarily incidental ( Roles V Nathan)
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incepandant contractors
a) must be reasonable to entrust the work to the contractor ( Haseldine v Daw). b) must take reasonable steps to ensure the work done is satisfactory (woodward V Hastings)
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what section covers Exclusion notices?
s2(2) - states that an occupier can restrict his duty to any visitor, but cannot avoid liability for personal injury.
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what section covers warnings
s2(4)a - occupier must keep visitor reasonably safe. notices must be clear and explain the dangers, and provide alternatives. (rae V mars)
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which two defences can be used?
Volenti and Contributory negligence.
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what is Volenti?
states that the occupier is not liable if the visitor accepts risks. ( simms v Leigh RFC). This does not apply when the visitor cannot avoid the risk ( Burnett v Waterways board)
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what is contributory negligence?
damages will be reduced if the claimant has contributed through their own negligence. (contributory negligence act 1945)
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Other cards in this set

Card 2

Front

someone in occupation or control of the premises. (wheat v Lacon)

Back

who is an occupier?

Card 3

Front

The council (Harris v Birkenhead Corp)

Back

Preview of the back of card 3

Card 4

Front

s1(3)

Back

Preview of the back of card 4

Card 5

Front

any vessel, vehicle and aircraft. (wheeler v Copas)

Back

Preview of the back of card 5
View more cards

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