Lecture 8: Occupier's Liability and Negligence

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Questions and Answers

What is the primary principle of occupier's liability according to the text?

  • Liability for injuries on the premises (correct)
  • Liability only in respect of trespassers
  • Liability only in respect of lawful visitors
  • Liability for criminal acts on the premises

Before the Occupiers Liability Act 1957, what was the status of the rules of common law?

  • Abolished
  • Remained intact (correct)
  • Reversed
  • Modified

In Wheat v Lacon (E) & Co Ltd (1966), what was the main outcome regarding the duty of care?

  • Defendants were not liable as managers
  • Owners remained in control but did not breach duty of care (correct)
  • Defendants were not in control
  • Owners breached their duty of care

What is emphasized about control in occupiers' liability according to Harris v Birkenhead Corporation (1976)?

<p>Legal control is sufficient for liability (D)</p> Signup and view all the answers

What type of visitors does the Occupiers Liability Act 1957 primarily focus on concerning liability?

<p>Lawful visitors only (D)</p> Signup and view all the answers

How does the extent of an occupier's ordinary duty change according to Harris v Birkenhead Corporation (1976)?

<p>It remains constant for all visitors (A)</p> Signup and view all the answers

What is the common duty of care under the Occupiers' Liability Act 1957?

<p>To take reasonable care to ensure visitors are safe on the premises (C)</p> Signup and view all the answers

In Ward v The Ritz Hotel London (1992), why was the hotel held liable for an injury?

<p>Because they failed to meet the British standards but it was reasonable (C)</p> Signup and view all the answers

What distinguishes 'occupancy' duty from 'activity' duty under the Occupiers' Liability Act 1957?

<p>Occupancy duty is related to premises control, while activity duty is regarding actions on the premises (D)</p> Signup and view all the answers

What does section 2(3) of the Occupiers' Liability Act 1957 state about children on premises?

<p>Occupiers must be prepared for children being less careful than adults (C)</p> Signup and view all the answers

In Jolley v Sutton London Borough Council (1998), why was the council held liable?

<p>Because the allurements were foreseeable and no precautions were taken (A)</p> Signup and view all the answers

What does section 2(3)(b) of the Occupiers' Liability Act 1957 pertain to?

<p>Expectation of special risks by skilled visitors in their calling (C)</p> Signup and view all the answers

'Warning of danger' under section 2(4)(a) of the Occupiers' Liability Act 1957 means that:

<p>'Warning' must be supplemented by additional safety measures in extreme cases (B)</p> Signup and view all the answers

'Warning of danger' under section 2(4)(a) of the Occupiers' Liability Act 1957 may not absolve an occupier from liability when:

<p>'Warning' was insufficient for immediate danger situations (C)</p> Signup and view all the answers

'Occupancy' duty under the Occupiers' Liability Act 1957 primarily revolves around:

<p>'Control of premises' (A)</p> Signup and view all the answers

What must be done in order for an occupier of premises to owe a duty to a person who is not a visitor?

<p>The occupier must know the person is in the vicinity of the danger and offer protection. (B)</p> Signup and view all the answers

In British Railways Board v Herrington, why was the defendant held liable for a child's injury on electrified railway?

<p>The defendant knew the public was using the gap but did not guard against the danger. (C)</p> Signup and view all the answers

In the case of English Heritage v Taylor (2016), why was the defendant held liable for the claimant's injuries at Carisbrooke Castle?

<p>The danger was not obvious and the occupier failed to take reasonable steps to reduce or eliminate it. (C)</p> Signup and view all the answers

What factor determines what is considered reasonable in providing protection against dangers for trespassers?

<p>Difficulty and expense of guarding against the danger. (C)</p> Signup and view all the answers

What principle is reflected in the Occupiers' Liability Act 1957 regarding the duty of care owed to visitors?

<p>Occupiers must take reasonable care to ensure that visitors are 'reasonably' safe considering all circumstances. (C)</p> Signup and view all the answers

In Ratcliffe v McConnell, why were the occupiers not held liable for the student's injuries at the swimming pool?

<p>The occupiers did everything reasonable in the circumstances to prevent harm. (A)</p> Signup and view all the answers

Under the OLA 1957, when can an occupier escape liability for dangers caused by independent contractors?

<p>If the work done by the independent contractor was reasonably entrusted and properly carried out. (A)</p> Signup and view all the answers

Why was Congleton Borough Council held not liable in Tomlinson v Congleton BC despite a lake accident?

<p>The council had done all it could to prevent accidents and had a 'no swimming policy'. (C)</p> Signup and view all the answers

What legal concept is encompassed in 'volenti non fit injuria' as per the Occupiers' Liability Act 1984?

<p>The assumption of risk voluntarily by the visitor. (C)</p> Signup and view all the answers

What distinguishes warning requirements under OLA 1957 from OLA 1984?

<p>Warning under OLA 1984 absolves liability at a lower standard. (D)</p> Signup and view all the answers

According to Lord Moulton in Addie & Sons Ltd v Dumbreck (1929), what duty does an occupier owe to a trespasser on their premises?

<p>No duty unless the trespasser is harmed due to a wilful act by the occupier. (C)</p> Signup and view all the answers

According to Lord Wilberforce, what factor affects what is considered reasonable in preventing dangers on property?

<p>Means and resources of the occupier only. (C)</p> Signup and view all the answers

In Ratcliffe v McConnell, what prevented the occupiers from being held responsible for the student's injuries at the swimming pool?

<p>'No swimming' policy was habitually disregarded by visitors. (C)</p> Signup and view all the answers

Why did the Court of Appeal (CoA) overturn the trial judge's decision regarding LBS' liability in a specific case?

<p>No evidence was presented that any warning could have prevented the incident. (B)</p> Signup and view all the answers

Why did the House of Lords reverse the decision and hold Congleton Borough Council not liable in Tomlinson v Congleton BC?

<p>'No swimming' policy was not communicated clearly. (A)</p> Signup and view all the answers

What factor is crucial in determining an occupier's liability towards visitors under the OLA 1957?

<p>Reasonableness based on all circumstances and ensuring visitor safety. (C)</p> Signup and view all the answers

'The court is required to consider all circumstances.' This statement is particularly relevant in cases involving what legal concept?

<p>'Voluntary assumption of risk' under common law negligence. (B)</p> Signup and view all the answers

Why did Congleton Borough Council avoid liability in Tomlinson v Congleton BC?

<p>Council took comprehensive measures but faced public disregard. (D)</p> Signup and view all the answers

'Occupiers must take reasonable steps.' Which case exemplifies this requirement under the OLA 1957?

<p>English Heritage v Taylor (2016). (D)</p> Signup and view all the answers

What is the key difference between strict liability provisions under OLA 1984 and negligence principles under common law regarding occupiers' duties?

<p>Strict liability applies regardless of fault, while negligence requires proof of fault. (C)</p> Signup and view all the answers

Why did the court find The Mayor of Hastings liable in Woodward v The Mayor of Hastings (1945) despite arguing that cleaning had been outsourced?

<p>The cleaner had intentionally left a dangerous condition on the premises. (B)</p> Signup and view all the answers

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