Occupier's Liability 0.0 / 5 ? LawTortUniversityNone Created by: LaraCreated on: 29-03-19 20:40 Jolley v Sutton LBC 2000 Implied permission to children if there is an allurement, contributory negligence is a defence 1 of 23 Edwards v Railway Executive 1952 implied permission to persons using a path through a property for many years 2 of 23 Pearson v Coleman Brothers 1948 visitor became a trespasser by overstepping a boundary 3 of 23 Stone v Taffe 1974 visitor became a trespasser by staying past certain time period (fell down pub stairs after closing hours) 4 of 23 R v Smith and Jones 1976 visitor became trespasser because surpassed specific purpose (stole tv's from parents house) 5 of 23 The Calagrath 1972 visitor became trespasser after permission to be visitor was revoked 6 of 23 Harris v Birkenhead Corp 1976 Occupier definition 'a person with sufficient degree of control over the state of the premisies', child fell out of window of boarded up property 7 of 23 Wheat v E. Lacon Co Ltd 1966 No need for exclusive possession to be an occupier 8 of 23 Haseldine v Daw 1941 Lift was 'premises', occupier must have taken reasonable steps to ensure work done properly 9 of 23 Ward v Tesco Stores 1976 danger must be due to state of premises and not negligence of occupier 10 of 23 Tomlinson v Congleton Borough Council 2004 duty of care will not extend where visitor goes beyond his permission for being there, adults diving into a shallow pool 11 of 23 Glasgo Corporation v Taylor 1922 allurement, poisonous red berries in park 12 of 23 Phipps v Rochester Corp 1955 Can argue better supervision of child but this is not a defence 13 of 23 Roles v Nathan 1963 working visitor must guard themself against any special risk related to the work, 14 of 23 Salmon v Seafarer Restaurant 1983 Firemen excluded from s.2(3)b due to unpredictability of fires 15 of 23 D v AMF Bowling 2002 warning must be in a prominent position and be reasonable in size 16 of 23 Cotton v Derbyshire 1994 No duty to warn of obvious risk, falling off mountain edge 17 of 23 Maguire v Stefton MBC 2006 shifting liability to a contractor if... a) reasonable for occupier to entrust the work to a contractor at all 18 of 23 Naylor v Payling 2004 shifting liability to a contractor if... b) occupier took reasonable steps to ensure contractor was competant 19 of 23 Bird v Holbrook 1825 originally no duty of care to trespassers, just not to cause intentional harm 20 of 23 British Railways Board v Herrington 1972 duty of common humanity owed to children trepassers 21 of 23 Swain v Natui Ram Puri 1996 duty only owed to trespasser if... a) occupier aware of danger or has reasonable ground to believe that it exists 22 of 23 Ratcliffe v McConnel 1999 warning only needs to give warning of the danger under OLA 1984 23 of 23
Comments
No comments have yet been made