Unit 4 - OLA 1957 FlashCards

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Is the OLA 1957 to claim for lawful visitors or trespassers?
Lawful Visitors
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What does Section 2(1) state?
The occupier owes a duty of care to all his visiors
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What are the facts and RD of Darby v National Trust?
a man drowned when swimming in a pond on national trust property, widow tried to claim saying there should be warnings. CA rejected her argument as drowning is an obvious risk. Ratio Decidendi: No warning signs needed if danger isi obvious.
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What are the two situations where duty of care may be varied?
Children and persons in exercise of their calling (professionals)
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Explain the variation of children and include sections?
Under s2(3)(a) occupier must be prepared for children to be less careful than adults. However when deciding what additional precautions are needed occupiers are entitles to assume that young children will be supervised by parents.
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What does Section 2(3)(b) state?
professional people are expected to take their own precautions against risks that are incidental to their own occupation
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What is the procedure under OLA 1957 of discharging the duty (breach)?
Normal rules of breach apply e.g reasonable man test and risk factors, however two more factors need to be considered.W
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What are the additonal two factors concerning breach?
Warnings and independent contractors
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What section does the factor warnings come under?
Section 2(4)(a)
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Explain the factor of discharging through warning
warning will not absolve the occupiers responsibility unless the warning was "in all circumstances enough to enable to visitor to be reasonably safe" judged on whether warnings are neccessary or sufficient
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What are thre three criteria needed to discharge duty due to independent contractors?
1.) it was reasonable for the occupier to employ the independent contractor 2. he had taken reasonable steps to satisfy himself the contractor was competent. 3. he had taken reasonable steps to check the work had been done properly
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What case illustrates the discharge of duty to an independent contractor?
Haseldine v Daw
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What are the rules on causation and remoteness?
The same standard rules of negligence apply
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What defences are available under OLA 1957
Contributory Negligence and Consent
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Explain contrib negilgence in terms of the OLA 1957 include sections?
S2(3) states that if the visitor falls below the level of care expected of him he may be contributory negligent
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What does s2(5) state in relation to the defence of consent?
An occupier will not be held responsible for "risks willingly accepted as his by the visitor"
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Other cards in this set

Card 2

Front

What does Section 2(1) state?

Back

The occupier owes a duty of care to all his visiors

Card 3

Front

What are the facts and RD of Darby v National Trust?

Back

Preview of the front of card 3

Card 4

Front

What are the two situations where duty of care may be varied?

Back

Preview of the front of card 4

Card 5

Front

Explain the variation of children and include sections?

Back

Preview of the front of card 5
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