Term
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Definition
There are two areas of liability:
- Liability for lawful visitors (OLA 1957)
- Liability for trespassers (OLA 1984) |
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Term
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Definition
Wheat v E. Lacon and Co Ltd:
"a person who exercises a degree of control over premises" |
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Term
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Definition
- Land and buildings
- "Any fixed or moveable structure including any vessel, vehicle, or aircraft." (s.1(3)(a) OLA 1957) |
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Term
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Definition
Three categories of visitor:
- Those with express permission to enter
- Those with implied permission to enter
- Those with rights to enter |
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Term
Visitors:
Those with express permission |
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Definition
The Calgarth:
A visitor who exceeds their permission becomes a trespasser - "When you invite a person into your house to use the staircase, you do not invite him to slide down the banisters. |
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Term
Visitors:
Those with implied permission |
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Definition
Generally accepted that those entering premises to make a delivery or to speak to the occupier have implied permission.
If the occupier is aware that his land is in use by trespassers and does nothing, this be implied permission (Lowery v Walker) |
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Term
| Visitors: those with a right to enter |
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Definition
E.g. police officers with a warrant
Those entering pursuant to a contract are generally held to have a a right to enter. |
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Term
| Duty of Care: Common duty of Care |
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Definition
OLA 1957 s2(2):
"to take such care as in all the circumstances is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which he is invited or permitted to be there." |
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Term
| Duty of Care: Deviations (Children) |
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Definition
| S2(3)(a) OLA 1957: "An occupier must be prepared for children to be less careful than adults" |
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Term
| Duty of Care: Deviations (Children - parental control) |
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Definition
| Phipps v Rochester Corporation: the occupier is entitled to assume that parents would take primary responsibility for their children. |
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Term
| Duty of Care: Deviations (Children - allurement) |
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Definition
| Glasgow Corporation v Taylor: An occupier aware of an allurement must take greater care to protect against the risk. |
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Term
| Duty of Care: Deviations (Skilled visitors) |
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Definition
OLA 1957 s2(3)(b):
"an occupier may expect that a person, in the exercise of his calling will appreciate and guard against any special risks incident to it." |
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Term
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Definition
OLA 1957 s2(4)(a): warning signs may only absolve liability if they were enough to enable the visitor to be reasonably safe.
Staples v West Dorset DC: apparent risks need no attention drawn to them. |
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Term
| Liability for independent contractors: conditions |
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Definition
OLA 1957 s2(4)(b) - 3 circumstances wherein an occupier is liable for work of an independent contractor:
- If it was unreasonable to hire a contractor
- If the occupier failed to take reasonable steps to ensure the contractor was competent
- If the occupier failed to take reasonable care to ensure the standard of the work |
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Term
| Liability for independent contractors: Inspecting standard of work |
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Definition
Simple work: occupier must check to see if simple work has been done correctly (Woodward v Mayor of Hastings)
Complex work: duty is discharged by hiring a reputable contractor (Haseldine v Daw and Son Ltd) |
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Term
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Definition
Protection for:
- Trespassers
- People lawfully exercising private right of way
- Visitors to land (s60 National Parks and Access to the Countryside Act) |
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Term
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Definition
Robert Addie and Sons Ltd v Dumbreck:
"Someone who goes onto land without invitation of any sort and whose presence is either unknown to the proprietor, or if it is known, practically objected to." |
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Term
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Definition
3 conditions for a duty to exist:
- O must be aware of the danger or have reasonable belief that it exists
- O knows or has reasonable belief that a trespasser is in the vicinity
- The risk is one against which, in all the circumstances, O may be reasonably expected to offer some protection.
(s1(3) OLA 1984) |
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Term
| Child trespassers; state of premises |
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Definition
| Keown v Coventry Healthcare NHS Trust; Tomlionson v Congleton BC: OLA 1984 requires that the damage be caused by the state of the premises, and not C's misuse of otherwise safe premises. |
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