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3 Cards in this Set
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Occupiers' liability act 1957, section 1(1) |
The purpose of the act is to "regulate the duty which an occupier of premises owes to his visitors in respect of dangers due to the state of the premises or to things done or omitted tonne done on them |
Regulate the duty |
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Who is an occupier? |
No statutory definition, so must use common law: Wheat v E.Lacon & Co Ltd - a person who exercises an element of control over premises Varying degrees of control - can be more than one occupier Includes physical control of premises and legal control of premises - Harris v Birkenhead Corporation 1976 - council occupier of empty house - not taken physical possession but had served a notice of compulsory purchaser |
Wheat v E. Lacon Harris v Birkenhead corporation |
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What are premises? |
Not only lane and buildings but also any "fixed or moveable structure, including any vessel vehicle or aircraft" - s.1(3)(a) OLA 1957 has covered: A ship in dry dock - London Graving Dock v Horton 1951 Aircraft - fosbroke-hobbes v air work Ltd 1937 Scaffolding and ladders - wheeler v copas 1981 |
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