Questions and Answers
According to Lord Denning, what is required for a person to be considered an 'occupier'?
In Harris v Birkenhead, why was the council held liable for the claimant's injuries?
What is included in the definition of 'premises'?
In Wheeler v Copas, what was the defendant's responsibility?
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What is the key factor in determining whether someone is an 'occupier'?
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Which of the following is an example of express permission?
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What was the claimant doing when she was injured in Harris v Birkenhead?
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What can an occupier limit in terms of express permission?
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How many people can be considered 'occupiers' of a premises?
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What happens to someone who deviates from the instructions of an express invite?
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What is the duty of an 'occupier' towards visitors?
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In the Carlgarth case, why was the occupier of the channel not held liable?
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What type of permission is given to a postman using the front entrance?
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What limits the implied permission of a postman?
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What is the analogy used by Scrutton LJ to explain the concept of express permission?
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What is the term used to describe those who have a lawful right to visit?
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What is the consequence of exceeding the limitations of implied permission?
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In the Lowery v Walker case, why was the defendant held liable?
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Who is considered a lawful visitor under the act?
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What is the basis of the duty of care owed by occupiers to visitors?
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What is the usual cause of injury suffered by visitors?
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What is the effect of a valid contract on the duty of care?
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What is the consequence of an occupier knowing about trespassers but doing nothing to prevent it?
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Who is an example of a lawful right of entry?
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What is the basis of the duty of care owed by an occupier to a child?
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What was the outcome of the case of Titchener v British Railways Board?
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What was the reason for the claimant's failure in the Staples case?
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What is the assumption made by occupiers regarding skilled visitors?
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In which situation will an occupier be held liable for a harm caused by an independent contractor?
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In what circumstances will an occupier owe a lesser duty of care to a skilled visitor?
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What was the occupation of the claimant in the case of General Cleaning Contractors Ltd v Christmas?
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What is the definition of a trespasser according to Robert Addie & Sons (Collieries) Ltd v Dumbreck?
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What was the claimant doing when the accident occurred in the case of Titchener v British Railways Board?
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Why did the claimant in Young v Kent County Council get injured?
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What was the reason for the defendant's denial of liability in the case of Titchener v British Railways Board?
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What is the occupier's duty towards an independent contractor?
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What is the significance of the Woodward v Mayor of Hastings case?
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What is the significance of the pathway worn up to the gap in the fence in the case of Titchener v British Railways Board?
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What is the outcome if an occupier fails to take reasonable steps to ensure an independent contractor's competence?
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What is the key factor in determining an occupier's liability towards a visitor?
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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.