Occupier's Liability Act: Invitees and Licensees

Liability arises in situations where harm is caused by dangerous conditions on the land or dangerous conduct.

A person who has a sufficient degree of control over premises that he ought to realize that any failure on his part to use care may result in injury to a person coming lawfully there.

A person who is authorized either expressly or impliedly by the owner to enter the premises.

<p>Trespassers.</p> Signup and view all the answers

<p>The purpose of their visit.</p> Signup and view all the answers

<p>A person who enters premises to perform a specific task or service.</p> Signup and view all the answers

<p>Four: invitees, licensees, independent contractors/contractual workers, and trespassers.</p> Signup and view all the answers

<p>A common duty of care to ensure their safety while on the premises.</p> Signup and view all the answers

<p>An invitee has express permission to be on the land, whereas a licensee may have either express or implied authorization from the occupier.</p> Signup and view all the answers

<p>The defendant was aware of the danger/threat of the presence of his horse, and this awareness contributed to the implication of a license.</p> Signup and view all the answers

<p>In Lowery v. Walker, the defendant was held liable due to implied license, whereas in Edwards v. Railways Executive, no license was implied because the defendant took reasonable steps to prevent access.</p> Signup and view all the answers

<p>No, repeated acts of trespass in themselves do not confer a license.</p> Signup and view all the answers

<p>This section defines invitees as persons who have been invited onto the land, and licensees as having either express or implied authorization from the occupier.</p> Signup and view all the answers

<p>No, a licensee is not an independent contractor, as they do not have a contractual relationship with the occupier.</p> Signup and view all the answers

<p>The occupier is held liable for any damages or injuries that occur on the land, as they are deemed to have acquiesced to the licensee's presence.</p> Signup and view all the answers

<p>A trespasser has no permission or authorization to be on the land, whereas a licensee has either express or implied authorization from the occupier.</p> Signup and view all the answers

<p>Volenti non fit injuria is a principle that allows an occupier to plead that a visitor willingly accepted a risk, thereby relieving the occupier of the duty of care. This principle is significant as it allows the occupier to avoid liability for injuries caused to the visitor.</p> Signup and view all the answers

<p>Under the OLA 1984, no duty is owed to a person by virtue of risks willingly accepted by that person, and the question of whether the risk is willingly accepted is determined by the principles of common law.</p> Signup and view all the answers

<p>The case of Titchener v. British Railways Board is an example of the application of the plea of volens under the OLA 1984, where the court determined that the risk was willingly accepted by the person.</p> Signup and view all the answers

<p>Under the OLA 1957, the defence of contributory negligence operates to take into account the degree of care a reasonable visitor can be expected to show for their own safety, thereby reducing the liability of the occupier.</p> Signup and view all the answers

<p>Under the OLA 1984, the defence of contributory negligence operates to allow occupiers to evade total liability in favour of partial liability, whereas under the OLA 1957, it operates to reduce the liability of the occupier.</p> Signup and view all the answers

<p>The case of Revill v. Newberry is an example of the application of the defence of contributory negligence under the OLA 1984, where the occupier was able to evade total liability in favour of partial liability.</p> Signup and view all the answers

<p>The UCTA 1977 prevents an occupier from excluding liability for death or personal injury caused by negligence, which includes the common duty of care.</p> Signup and view all the answers

<p>The provision allows an occupier to exclude liability to visitors by agreement or otherwise, thereby limiting the duty of care owed to the visitor.</p> Signup and view all the answers