Occupier's Liability- Lawful visitors

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  • Created by: chloerfng
  • Created on: 22-05-18 14:43
The 1957 Act applied to a digging machine
Bunker v Charles Brand & Son Ltd (1969)
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Those who exercise a lawful/public right of way are not covered by this act. Therefore the owner of land over which a public right of way passes, is not liable for negligence towards members of the public using it
McGeown v NI Housing Executive (1994).
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‘When you invite a person into your house to use the stairs you do not invite him to slide down the bannisters
The Calgarth (1927)
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A person could be a visitor in relation to one occupier, and a trespasser in relation to another
Ferguson v Welsh (1987)
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The defendants owned a small takeaway shop. They had fitted slip resistant tiles, and had been using a mop to mop the floor if it had been raining. When the claimant went into the shop it was very busy and it had been raining. She slipped and broke
Laverton v Kiapasha Takeaway Supreme (2002)
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The claimant was injured when he tripped and fell over a small lump of concrete protruding about two inches from the base of a traffic bollard in the precincts of Rochester Cathedral. The Court of Appeal decided that no occupier of premises could ens
Dean and Chapter of Rochester Cathedral v Debell (2016)
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The duty extends only to the purpose for which the visitor was allowed entry
Tomlinson v Congleton Borough Council (2003)
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Where the defendants were liable when a seven-year-old child died after eating poisonous berries from a tree in a public park
Glasgow Corp. v Taylor (1922)
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In that case the parents were responsible when their five-year-old child fell into a trench on land used as a play area. The defendants were not liable
Phipps v Rochester Corp (1955)
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In that case, the occupier was not liable to a window cleaner who was injured as a result of a defective window.
General Cleaning Contractors v Christmas (1953)
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Where a fire was started negligently, the fire brigade could recover against the occupier where members of the fire brigade were injured in the process of extinguishing the fire
Salmon v Seafarers Restaurant (1983)
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Where a lift was serviced in a sub-standard manner.
Haseldine v Daw (1941)
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An occupier can escape liability if they give warnings- although an obvious danger does not have to have a warning attached to it (e.g. the edge of a cliff)
Cotton v Derbyshire Dales District Council (1994)
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Other cards in this set

Card 2

Front

McGeown v NI Housing Executive (1994).

Back

Those who exercise a lawful/public right of way are not covered by this act. Therefore the owner of land over which a public right of way passes, is not liable for negligence towards members of the public using it

Card 3

Front

The Calgarth (1927)

Back

Preview of the back of card 3

Card 4

Front

Ferguson v Welsh (1987)

Back

Preview of the back of card 4

Card 5

Front

Laverton v Kiapasha Takeaway Supreme (2002)

Back

Preview of the back of card 5
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