Tort Law: Occupiers Liability

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What is occupiers' liability?
A statutory form of negligence that deals with the risks caused by dangerous places
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What acts are important?
The Occupiers Liability Act 1957 and 1984, and the Unfair Contract Terms Act 1977
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What section is important?
Section 1(2) of the Occupiers Liability Act
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What does it say?
"The duty imposed by law in consequence of a person's occupation/control of and of any invitation or permission he gives to another to enter or use the premises, but no statutory definition of occupation
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What questions would you ask a client who is enquiring about personal injury?
What happened to you? Where did it happen? Why were you there? How old is the person? Did you know that might happen?Did you see any warning signs?
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What is the responsibility to a client in a personal injury case?
To find out liability
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What case is important regarding occupiers?
Wheat v Lacon & Co Ltd 1996 (HoL)
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What happened in this case?
Man fell down the stairs and died due to there being no lights, the court ruled that you can have more than one occupier 'in order to be an occupier, it is not necessary for a person to have entire control, he may share it with others'
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What is another important case regarding who's land it is/who is liable?
Harris v Birkenhead Corporation 1975 (CoA)
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What happened in this case?
The tenants did not fill hole in ground, as a result 4 year old girl suffered brain injury, council hadn't been there yet, although tenant had moved out. Council was at fault; because it is stated whoever is in charge of the premises at once
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What is another important case regarding sub-contracting?
Ferguson v Welsh 1987 (HoL)
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What happened in this case?
District council engaged someone else to carry out demolition work, he was told that you cannot subcontract, must do it yourself - he ignored this, and the person he sub-contracted suffered an injury
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What is a case regarding who is liable when two people are in subject?
Collier v Anglian Water Company
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What are some summarising points?
Wheat v Lacon 1966 is the leading case, and the issue for claimants is that they have to find an occupier with money or insurance
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Other cards in this set

Card 2

Front

What acts are important?

Back

The Occupiers Liability Act 1957 and 1984, and the Unfair Contract Terms Act 1977

Card 3

Front

What section is important?

Back

Preview of the front of card 3

Card 4

Front

What does it say?

Back

Preview of the front of card 4

Card 5

Front

What questions would you ask a client who is enquiring about personal injury?

Back

Preview of the front of card 5
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