Occupier's Liability

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  • Created by: Lara
  • Created on: 29-03-19 20:40
Jolley v Sutton LBC 2000
Implied permission to children if there is an allurement, contributory negligence is a defence
1 of 23
Edwards v Railway Executive 1952
implied permission to persons using a path through a property for many years
2 of 23
Pearson v Coleman Brothers 1948
visitor became a trespasser by overstepping a boundary
3 of 23
Stone v Taffe 1974
visitor became a trespasser by staying past certain time period (fell down pub stairs after closing hours)
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R v Smith and Jones 1976
visitor became trespasser because surpassed specific purpose (stole tv's from parents house)
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The Calagrath 1972
visitor became trespasser after permission to be visitor was revoked
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Harris v Birkenhead Corp 1976
Occupier definition 'a person with sufficient degree of control over the state of the premisies', child fell out of window of boarded up property
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Wheat v E. Lacon Co Ltd 1966
No need for exclusive possession to be an occupier
8 of 23
Haseldine v Daw 1941
Lift was 'premises', occupier must have taken reasonable steps to ensure work done properly
9 of 23
Ward v Tesco Stores 1976
danger must be due to state of premises and not negligence of occupier
10 of 23
Tomlinson v Congleton Borough Council 2004
duty of care will not extend where visitor goes beyond his permission for being there, adults diving into a shallow pool
11 of 23
Glasgo Corporation v Taylor 1922
allurement, poisonous red berries in park
12 of 23
Phipps v Rochester Corp 1955
Can argue better supervision of child but this is not a defence
13 of 23
Roles v Nathan 1963
working visitor must guard themself against any special risk related to the work,
14 of 23
Salmon v Seafarer Restaurant 1983
Firemen excluded from s.2(3)b due to unpredictability of fires
15 of 23
D v AMF Bowling 2002
warning must be in a prominent position and be reasonable in size
16 of 23
Cotton v Derbyshire 1994
No duty to warn of obvious risk, falling off mountain edge
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Maguire v Stefton MBC 2006
shifting liability to a contractor if... a) reasonable for occupier to entrust the work to a contractor at all
18 of 23
Naylor v Payling 2004
shifting liability to a contractor if... b) occupier took reasonable steps to ensure contractor was competant
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Bird v Holbrook 1825
originally no duty of care to trespassers, just not to cause intentional harm
20 of 23
British Railways Board v Herrington 1972
duty of common humanity owed to children trepassers
21 of 23
Swain v Natui Ram Puri 1996
duty only owed to trespasser if... a) occupier aware of danger or has reasonable ground to believe that it exists
22 of 23
Ratcliffe v McConnel 1999
warning only needs to give warning of the danger under OLA 1984
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Other cards in this set

Card 2

Front

implied permission to persons using a path through a property for many years

Back

Edwards v Railway Executive 1952

Card 3

Front

visitor became a trespasser by overstepping a boundary

Back

Preview of the back of card 3

Card 4

Front

visitor became a trespasser by staying past certain time period (fell down pub stairs after closing hours)

Back

Preview of the back of card 4

Card 5

Front

visitor became trespasser because surpassed specific purpose (stole tv's from parents house)

Back

Preview of the back of card 5
View more cards

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