Occupier's Duty to Visitors

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Questions and Answers

According to Lord Denning, what is required for a person to be considered an 'occupier'?

Exclusive occupation of the premises

Entire control over the premises

A sufficient degree of control over the premises (correct)

Physical presence on the premises

In Harris v Birkenhead, why was the council held liable for the claimant's injuries?

They had legal ownership of the property, giving them sufficient control (correct)

They had failed to provide a safe environment for the claimant

They had physically occupied the property at the time of the accident

They had rented the property to the tenant

What is included in the definition of 'premises'?

Land, buildings, and temporary/mobile structures (correct)

Only permanent structures

Only private property

Only public land and buildings

In Wheeler v Copas, what was the defendant's responsibility?

To ensure the ladder was fit for purpose Signup and view all the answers

What is the key factor in determining whether someone is an 'occupier'?

Degree of control over the premises Signup and view all the answers

Which of the following is an example of express permission?

A store employee entering the store through the front door Signup and view all the answers

What was the claimant doing when she was injured in Harris v Birkenhead?

Exploring the abandoned house Signup and view all the answers

What can an occupier limit in terms of express permission?

Place, behavior, or time Signup and view all the answers

How many people can be considered 'occupiers' of a premises?

Two or more people Signup and view all the answers

What happens to someone who deviates from the instructions of an express invite?

They are considered a trespasser Signup and view all the answers

What is the duty of an 'occupier' towards visitors?

To use reasonable care Signup and view all the answers

In the Carlgarth case, why was the occupier of the channel not held liable?

The ship was acting in a manner other than that which it had permission to Signup and view all the answers

What type of permission is given to a postman using the front entrance?

Implied permission Signup and view all the answers

What limits the implied permission of a postman?

Area of the property Signup and view all the answers

What is the analogy used by Scrutton LJ to explain the concept of express permission?

Inviting a person to use the staircase Signup and view all the answers

What is the term used to describe those who have a lawful right to visit?

Lawful visitors Signup and view all the answers

What is the consequence of exceeding the limitations of implied permission?

Being considered a trespasser Signup and view all the answers

In the Lowery v Walker case, why was the defendant held liable?

The defendant knew about the trespassers but did nothing to prevent it Signup and view all the answers

Who is considered a lawful visitor under the act?

Those who enter property in accordance with a valid contract Signup and view all the answers

What is the basis of the duty of care owed by occupiers to visitors?

Preventing injury in visitors Signup and view all the answers

What is the usual cause of injury suffered by visitors?

Defect in the static condition of the premises Signup and view all the answers

What is the effect of a valid contract on the duty of care?

The duty of care is increased to a higher standard Signup and view all the answers

What is the consequence of an occupier knowing about trespassers but doing nothing to prevent it?

The occupier is held liable Signup and view all the answers

Who is an example of a lawful right of entry?

A firefighter attending a fire Signup and view all the answers

What is the basis of the duty of care owed by an occupier to a child?

The presence of a concealed danger or allurement on the land Signup and view all the answers

What was the outcome of the case of Titchener v British Railways Board?

The defendant was held not liable due to the claimant's age and awareness Signup and view all the answers

What was the reason for the claimant's failure in the Staples case?

The defendant council did not have a duty to warn of the obvious danger. Signup and view all the answers

What is the assumption made by occupiers regarding skilled visitors?

That they will have a greater awareness of risks and necessary precautions Signup and view all the answers

In which situation will an occupier be held liable for a harm caused by an independent contractor?

Where the occupier has failed to take reasonable steps to ensure the contractor's competence. Signup and view all the answers

In what circumstances will an occupier owe a lesser duty of care to a skilled visitor?

Only in relation to risks that match the skill of the visitor Signup and view all the answers

What was the occupation of the claimant in the case of General Cleaning Contractors Ltd v Christmas?

Window cleaner Signup and view all the answers

What is the definition of a trespasser according to Robert Addie & Sons (Collieries) Ltd v Dumbreck?

Someone who goes on the land without invitation of any sort and whose presence is either unknown to the proprietor or, if known, is practically objected to. Signup and view all the answers

What was the claimant doing when the accident occurred in the case of Titchener v British Railways Board?

Walking with her boyfriend on a railway line Signup and view all the answers

Why did the claimant in Young v Kent County Council get injured?

The claimant climbed up onto the roof of a school to fetch a ball. Signup and view all the answers

What was the reason for the defendant's denial of liability in the case of Titchener v British Railways Board?

The claimant was 15 years old and aware of the risks Signup and view all the answers

What is the occupier's duty towards an independent contractor?

To take reasonable steps to ensure the contractor's competence and check their work. Signup and view all the answers

What is the significance of the Woodward v Mayor of Hastings case?

It highlights the importance of checking the work of an independent contractor. Signup and view all the answers

What is the significance of the pathway worn up to the gap in the fence in the case of Titchener v British Railways Board?

It suggests that this was a point of repeated trespass Signup and view all the answers

What is the outcome if an occupier fails to take reasonable steps to ensure an independent contractor's competence?

The occupier is liable for the contractor's actions. Signup and view all the answers

What is the key factor in determining an occupier's liability towards a visitor?

The occupier's duty to take reasonable steps to ensure the visitor's safety. Signup and view all the answers

Study Notes

Occupiers and Premises

An occupier is someone who has a sufficient degree of control over premises, and is under a duty to use reasonable care towards lawful visitors.
It is not necessary for a person to have entire control over the premises to be considered an occupier; they may share control with others.
Two or more people can be considered occupiers, and each is under a duty to use care towards lawful visitors.

Premises

Premises refer to land and buildings, as well as temporary and mobile structures such as scaffolding and ladders.
Examples of premises include rented properties, channels of water, fields, and railway lines.

Lawful Visitors

There are three categories of lawful visitors:
- Those with express permission to visit (e.g. invitees, guests)
- Those with implied permission to visit (e.g. postmen, people using a shortcut)
- Those with a lawful right to visit (e.g. police officers, firefighters, public utilities employees)

Express Permission

Those who are expressly invited onto premises by some means (e.g. written invite, beckoning by the occupier)
Occupiers can limit the extent of an express invite in terms of place, behaviour, or time.
Examples of express permission include:
- A person invited to a dinner party (but not deviating from the invitation)
- A ship invited to use a channel of water (but not navigating in an irregular manner)

Implied Permission

Those who lack express permission but whose presence is assumed to be unobjectionable to the occupier.
Examples of implied permission include:
- Postmen using the front entrance of a property
- People using a shortcut across a field
Implied permission can come into being if an occupier knows that their land is being used by trespassers, but does nothing to prevent their activities.

Lawful Right of Entry

Those who maintain a right to enter land or property regardless of the occupier's wishes.
Examples include:
- Police officers with a warrant or chasing a fugitive
- Firefighters attending a fire
- Public utilities employees attending to read meters
- Those who enter property in accordance with a valid contract

Occupiers' Duty of Care

The duty of care owed by occupiers to categories of visitors is based on preventing injury to visitors, rather than ensuring that premises are objectively safe.
The duty is based on the foreseeability of damage to a visitor, and the standard of care will depend on the nature of the risk and the age and awareness of the child involved.
If land holds a concealed danger or something that might allure children, a duty of care will likely be held to exist.

Skilled Visitors

Occupiers can assume that skilled visitors will have a greater awareness of risks and the relevant precautions that they should take.
This increased competence will only apply to risks whose nature matches the skill of the visitor.

Independent Contractors

Situations in which an occupier will be held liable for a harm caused by an independent contractor include:
- Where it was unreasonable to entrust the work to an independent contractor in the first place.
- Where the occupier failed to take reasonable steps to ensure the independent contractor was competent.
- Where the occupier failed to take reasonable steps to check the work of an independent contractor.

Trespassers

A trespasser is someone who goes on the land without invitation of any sort and whose presence is either unknown to the proprietor or, if known, is practically objected to.
Examples of trespassers include:
- A person who climbs up onto the roof of a school to fetch a ball.

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Description

This quiz covers the concept of an occupier's duty to visitors in a premises, including the degree of control required and shared responsibility.