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319 Cards in this Set
- Front
- Back
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Frontside
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Flipside
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1. Any person was
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at the time of the act or before it began
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2. Any person was
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at the time of the act or before it began
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6. Any person had administered or caused to be taken a substance which was capable of causing or enabling V to be stupefied or overpowered"
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5. V could not communicate consent owing to a physical disability
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1. Any person was
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at the time of the act or before it began
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2. Any person was
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at the time of the act or before it began
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6. Any person had administered or caused to be taken a substance which was capable of causing or enabling V to be stupefied or overpowered"
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3. V was unlawfully detained and D was not
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What are the two conclusive presumptions regarding consent?
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"1. D intentionally deceived V as to the nature and purpose of the act
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Where is the statutory definition of appropriation found?
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s3(1) Theft Act 1968
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Pitnam and Hehl (1976)
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"V was sent to prison. D attempted to sell V's furniture.
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What is the relevant statutory provision?"
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s5(4) Theft Act 1968
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What are the two questions to determine dishonesty provided for by the Ghosh test?
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"1. Was D dishonest according to the ordinary standards of reasonable people?
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2. If yes
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did D realise that he was doing was dishonest compared with those standards?"
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Lloyd (1985)
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"D worked at a cinema and he borrowed films to make pirate copies.
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Name two cases in which the defendant stole a chose in action
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"Kohn
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What is the relevant case?"
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"Yes.
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The meaning of 'belonging to another' is clarified by which section of the Theft Act 1968?
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s5
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The meaning of 'with intention of permanently depriving the other of it' is clarified by which section of the Theft Act 1968?
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s6
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Gomez (1993)
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"D was the assistant manager of a shop. He persuaded the manager to sell electrical goods to his accomplice and accept stolen cheques as payment.
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Why did Lord Lowry criticse the decision in Gomez?
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He said it was contrary to the intentions of the Criminal Law Revision Committee's report on the subject.
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9. He commits theft"
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"1. Anyone doing anything whatever to property
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9. He commits theft"
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"Professor Sir John Smith on the effect of the decision in Gomez (1993)
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9. [................]"
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"Professor Sir John Smith on the effect of the decision in Gomez (1993)
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What two things cannot be stolen according to the Theft Act 1968?
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"1. Wild plants & fungi
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Name a case in which the defendant argued (unsucessfully) that he believed he had a right in law to appropriate
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Turner (No 2)
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"Name a case in which the defendant was not dishonest because
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by s2(1)(c)
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Which section of the Theft Act applies?"
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s2(2)
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What is the relevant case?"
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"Yes.
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What is the relevant statutory provision?"
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s5(4) Theft Act 1968
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What are the 3 situations in which D is not dishonest by s2(1) Theft Act 1968?
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"1) D believes he has a right in law to deprive the other of the property
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s5(3) Theft Act 1968
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"Where a person has received property from another and is under an obligation to use it for a particular purpose
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What are the two relevant cases?"
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Lawrence and Gomez
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What did Viscount Dilhorne say in the Lawrence (1972) case?
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"I see no ground for concluding that the ommission of the words ""without the consent of the owner"" was not deliberate ... That is no longer an element of the offence"
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The meaning of 'property' is clarified by which section of the Theft Act?
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s4
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What three problems did Lord Hobhouse have with the decision in Hinks (2000)?
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"1. Once a gift is made it becomes the property of the donee. It is impossible to determine whether there is evidence of appropriation
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2. Once ownership is transfered
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it is no longer ""property belonging to another""
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What is the relevant case?"
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Feely (1973)
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9. He commits theft"
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"Professor Sir John Smith on the effect of the decision in Gomez (1993)
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s5(1) Theft Act 1968
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The 'other' to whom property belongs does not have to have a proprietary right in it. Any person having possession or control will do.
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What is the statutory provision?"
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s2(2) Theft Act 1968
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s3(1) Theft Act 1968
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Any assumption of the rights of an owner amounts to an appropriation
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What is the relevant statutory provision?"
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s5(3) Theft Act 1968
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"Property shall be regarded as belonging to any person having possession or control of it
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or having in it any properietary interest..."
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9. He commits theft"
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"Professor Sir John Smith on the effect of the decision in Gomez (1993)
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DPP v Lavender (1994)
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"D took doors from a council property and used them to replace damaged doors at his girlfriend's council flat. The doors were still in the possession of the council.
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What is the relevant statute?"
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"Yes
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s6(1) Theft Act 1968
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"Even where D does not mean to permanently deprive the other of the property the requirement is still fulfilled if
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What are the facts of Ghosh (1982)?
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Ghosh was a doctor acting as a locum consultant in a hospital. He claimed fees for an operation he had not carried out.
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9. He commits theft"
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"Professor Sir John Smith on the effect of the decision in Gomez (1993)
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s2(2) Theft Act 1968
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Appropriation may be dishonest notwithstanding a willingness to pay for the property
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AG's Reference (No 1 of 1983)
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"D was overpaid her salary and kept the overpayment. Had she committed theft?
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Held: s5(4) Theft Act 1968 says there is an obligation to make restoration. If there is intention to not make restoration
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then the offence of theft is complete"
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Hopkins and Kendrick (1997)
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"Two defendants ran a residential nursing home and dishonestly obtained a gift from a resident.
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What is the statutory provision?"
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s5(3) Theft Act 1968
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The <b>list test </b>for certainty of objects is applicable to [...........................] only
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Fixed trusts
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"In certainty of objects
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there is a [...............] test for fixed trusts and a [.................] for discretionary trusts"
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An discretionary trust is an express trust where the trustees exercise their discretion to [_ _ _ _ _ _] [_ _ _ _ _ _ _ _ _ _ _ _] and to [_ _ _ _ _ _ _ _] [_ _ _ _ _] [_ _ _ _ _ _ _ _]
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"- Select beneficiaries
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Jones v Lock (1865)
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"Father wrote cheque to benefit 9-month old baby which was never used.
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Boyce v Boyce (1849)
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"- Testator made a will leaving two houses to trustees
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- Since A could not select
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there could be no valid trust"
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Palmer v Simmonds (1845)
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"- Property transfered to a man with provision that he should leave the ""bulk"" to four named persons
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What are the duties of a trustee specific to a mere power set out in Re: Hays Settlement Trust (1982)?
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"1. Consider whether to excerise their power periodically
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OT Computers v First National Tricity Finance (2003)
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"- Company in financial difficulties instructed its bank to open 2 trust bank accounts
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Duggan v Full Sutton Prison (2004)
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"Prisoner argues a trust was imposed on the prison governor relating to money taken off prisoners on arrival
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McPhail v Doulton (1971)
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"- Settlor transferred money to trustees to apply income
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Re: Knapton (1941)
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"- Testatrix provided for a number of properties to be distributed among several nephews and nieces
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"In safeguarding against interference with human rights
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the courts can subject executive decisions to stricter review where human rights are violated.
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What is the relevant case?"
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R v Ministry of Defence ex parte Smith
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What does s4 Human Rights Act 1998 concern?
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Declarations of incompatibility
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What is the statutory provision?"
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s19(1) Human Rights Act 1998
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What does it do?"
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Where legislation has been declared incompatible under s4 HRA 1998 it allows the Minister to pass ammending legislation
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R v Health Secretary ex parte British American Tobacco
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"Claimants asked court to review the proportionality of ban on tobacco adverts and to consider Art 10 (free speech)
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Which article?"
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Article 3 of the First Protocol
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"In safeguarding against interference with human rights
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the courts can interpret legislation in the light of constitutional fundamentals and ensure a human rights friendly interpretation.
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What is the relevant case?"
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Waddington v Miah
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What is the relevant case?"
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Hurst v HM Coroner for Northern District Council
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s6 Human Rights Act 1998
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A public authority's duty to act in accordance with convention rights does not apply where the authority <i><b>could not have acted differently</b></i>
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R v A (2001)
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"A statute provides that evidence of complainant's sexual behaviour can only be admissible in express circumstances. The defendant wanted to use the section but couldn't. He argued that this breached his Article 6 (fair trial) rights.
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Article 2 of First Protocol
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Right to Education
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What is the relevant case?"
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R v Home Secretary ex parte Taylor and Anderson
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Article 3 of First Protocol
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Duty to hold free elections and the Right to Vote
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In which later case was the provision declared compatible?"
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"R (Animal Defenders International) v Secretary of State for Culture
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What is the relevant case?"
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Raymond v Honey
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Article 5
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Liberty and Security of the Person
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What is the statutory provision?"
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s2 Human Rights Act 1998
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Which article?"
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Article 9
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Article 4
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Slavery
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Which article?"
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Article 11
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Article 7
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Prohibition on Retrospective Criminal Penalties
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Hurst v HM Coroner for Northern District Council (2007)
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"Claimant said that a coroner was bound by the Coroners Act 1988 and that he must order the resumption of an inquest into a death even though the death had taken place before the Human Rights Act came into force.
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R v Home Secretary ex parte Taylor and Anderson (2001)
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"Claimants asked Court of Appeal to declare the Home Secretary's power to set tarrifs for mandatory life sentence prisoners incompatible with Article 6.
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Which article?"
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Article 5
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Article 6
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Right to a fair trial
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Which article?"
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Article 8
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"Under the common law system
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the courts were powerless to challenge primary legislation which clearly violated human rights.
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What is the relevant case?"
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Rossminster Ltd
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Article 11
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Freedom of Association and Peaceful Assembly
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Home Secretary v Wainwright (2003)
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"Claimants alleged they had been subect to unlawful searches and that this violated their right to privacy under Art 8.
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R v Offen (2001)
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"Statute compelled courts to give automatic life sentences to defendants who have committed TWO serious offences
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Article 12
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Marriage
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c) the risk is one against which he may reasoanble be expected to offer the other some protection"
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s1(3) OLA 1984
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Ferguson v Welsh (1987)
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"Demolition contractors hired by local authority. Claimant was injured by their unsafe working practices.
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s75 Sexual Offences Act 2003
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The evidential presumptions regarding consent
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R v Hughes (1841)
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"In relation to the extent of penetration required for the offence of rape
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"In relation to the extent of penetration required for the offence of rape
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it is not necessary to prove that the hymen was ruptured.
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What is the relevant case?"
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Hughes (1841)
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1. Any person was
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at the time of the act or before it began
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2. Any person was
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at the time of the act or before it began
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6. Any person had administered or caused to be taken a substance which was capable of causing or enabling V to be stupefied or overpowered"
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4. V was asleep or unconscious
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What are the two mens rea elements of theft contrary to s1 Theft Act 1968?
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"1. Dishonestly
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Whare are the three main cases on appropriation of indefeasible title to property?
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"1. Mazo
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What are the three basic problems that have arisen with the interpretation of 'appropriation'?
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"Is there an appropriation if D assumes only <i><b>a right</b></i> of the owner and not <i><b>all rights?
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Case?"
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"Yes.
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What is the relevant case?"
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Morris
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Morris (1983)
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"Facts: D switched price labels in a supermarket in order to pay a lesser price.
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"In discussing dishonesty as part of the mens rea for theft
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do what two things?"
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2. If they are not satisfied
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consider the case law"
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However
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if it is not you may have to ..."
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Atakpu (1994)
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"D hired cars in Germany using false passports and drove them to England.
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</b></i>Case?"
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"Yes.
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Turner (No 2) (1971)
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"D took his car to a garage to have it repaired. When the repairs were finished he drove the car away without paying.
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Case?"
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"Yes.
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A person is guilty of theft if he ...."
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..dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
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What are the three actus reus elements of theft contrary to s1 Theft Act 1968?
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"1. Appropriates
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What is the relevant case?"
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"Yes.
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""this includes
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where he has come by the property without stealing it
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What is the relevant case?"
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"An appropriation lasts for as long as the thief can sensibly be regarded as in the act of stealing.
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Name a relevant case."
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Davidge v Bunnett
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Who held the dissenting opinion in the case of Hinks (2000)?
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Lord Hobhouse
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The meaning of 'appropriates' is clarified in which section of the Theft Act?
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s3
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9. He commits theft"
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"Professor Sir John Smith on the effect of the decision in Gomez (1993)
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What is the statutory provision?"
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s4(3)
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s6 Theft Act 1968 states that borrowing is not theft unless ....
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... it is for a period and in circumstances making it equivalent to an outright taking or disposal
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Skipp (1975)
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"Lorry driver posing as a haulage contractor was given a consigntment of fruit and vegetables to take from London to Leicester which he made off with.
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What did Lord Lowry in the case of Gomez (1993) say that the Law Lords should do in determining the meaning of 'appropriation' in s1 Theft Act 1968?
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Look to the report of the Criminal Law Revision Committee
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"In abbreviated form
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what are the 3 circumstances under which a defendant is not dishonest by s2(1) Theft Act 1968?"
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Was there a dissenting opinion in the case of Hinks (2000)?
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Yes
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The meaning of 'dishonestly' is clarified in which section of the Theft Act 1968?
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s2
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What is the statutory provision?"
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s4(4) Theft Act 1968
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"If in discussing D's dishonesty
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the exemptions in s2(1) do not apply then you must next consider ..."
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The question of dishonesty is one of ...
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.. fact for the jury to determine
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Intention to permanently deprive is governed by which statutory provision?
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s6(1) Theft Act 1968
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Hinks (2001)
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"V was a man of low IQ who inherited a large sum of money on the death of his father and then gave it to D.
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9. He commits theft"
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"Professor Sir John Smith on the effect of the decision in Gomez (1993)
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Corcoran v Anderton
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"Two youths tried to pull a woman's handbag from her grasp and it fell to the floor. They ran off without taking it.
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Davidge v Bunnett (1984)
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"D spent money her flatmates had given her to pay the gas bill on Christmas presents.
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What is the statutory provision?"
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s4(3) Theft Act 1968
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A bona fide purchaser is protected by which section of the Theft Act 1968?
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s3(2)
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What are they?"
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"1. If D's intention is to treat the thing as his own this may be sufficient
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9. He commits theft"
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"Professor Sir John Smith on the effect of the decision in Gomez (1993)
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""this includes
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____________________________________________________
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The academic Professor Sir John Smith argued that the effect of the decision in Gomez (1993) has been to _ _ _ _ _ _ _ _ / _ _ _ _ _
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redefine theft
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Name a case in which a quantitative restriction was imposed by way of an outright ban
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Commission v UK (French Turkeys)
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"All trading rules enacted by Member States which are _ _ _ _ _ _ _ / _ _ / _ _ _ _ _ _ _ _ _
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directly or indirectly
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"All trading rules enacted by Member States which are capable of hindering
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directly or indirectly
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"All trading rules enacted by Member States which are capable of hindering
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_ _ _ _ _ _ _ / _ _ / _ _ _ _ _ _ _ _ _ _
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What is the relevant case?"
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Commission v France (1984)
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Which case provides the definition of MEQRs?
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Dassonville
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"All trading rules enacted by Member States which are capable of hindering
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directly or indirectly
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"As well as central government
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the police force can infringe Articles 28 and 29.
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What is the relevant case?"
|
R v Chief Constable of Sussex ex parte ITF Ltd
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The modern test for certainty of objects is ....
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... the 'any given postulant' test
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Sprange v Barnard (1789)
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"- Property transferred to Sprange with provision that he should divide what he does not want between two other named persons
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Mettoy Pensions Trustees v Evans (1990)
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"- Mettoy created a pension scheme
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|
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- After a number of years
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Mettoy changed the rules of the scheme saying that a surplus would rever to the employer
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"Unlike a discretionary trust
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a power of appointment does not [_ _ _ _ _ _] [_ _] [_ _ _ _ _ _ _ _ _ _]"
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The appointor is entitled to release the power and the beneficiaries entitled on ....
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... an express gift over default of appointment
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|
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From which case do we get the 3 Certainties test?
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Knight v Knight (1840)
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Re: Kayford (1975)
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"Company on the brink of insolvency starts paying customer orders into a special bank account called 'Customer Trust Deposit Account'
|
|
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Hunter v Moss (1994)
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"- Attempt to establish a trust for 5% of the shares of a company
|
|
|
"Dicey distinguished the British method [of protecting human rights] from other countries by stating that our constitution was not the _ _ _ _ _ _ but the _ _ _ _ _ _ _ _ _ _ _ of rights of individuals
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as exponded by the common law courts."
|
|
|
Which article?"
|
Article 2
|
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s2 Human Rights Act 1998
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Domestic courts are allowed to consider the releavant case law of the European Convention where Convention rights are in dispute
|
|
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Which statutory provision of the Human Rights Act allows courts to employ the doctrine of proportionality?
|
s2
|
|
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Are courts obliged to apply the relevant case law on the European Convention?
|
No
|
|
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Which article?"
|
Article 7
|
|
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Which article?"
|
Article 12
|
|
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Statutory interpretation in the case of Bellinger v Bellinger
|
"House of Lords held it was not possible to use s3 to interpet ""man and woman"" to include a person who had had sex change surgery."
|
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The claimant must prove ...."
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... that they are a victim of the violation.
|
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s3 Human Rights Act 1998 provides that legislation mujst be read and given effect in a way that is compatible with Convention rights _ _ / _ _ _ / _ _ / _ _ / _ _ _ _ _ _ _ _
|
so far as is possible
|
|
|
"In safeguarding against interference with human rights
|
the courts can apply the principles of natural justice in order to ensure a fair and impartial hearing.
|
|
|
What is the relevant case?"
|
R v Bow Street Stipendiary Magistrate ex parte Pinochet
|
|
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b) ______________________________________"
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"a) correspond to a pressing social need
|
|
|
Which article?"
|
Article 6
|
|
|
Which article?"
|
Article 10
|
|
|
Which article?"
|
Article 1 of the First Protocol
|
|
|
Which article?"
|
Article 4
|
|
|
What is the relevant section?"
|
s4
|
|
|
Article 1 of First Protocol
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Peaceful enjoyment of possessions
|
|
|
"Under the Human Rights Act 1998
|
the courts are given increased powers of ______________ / ________________ to allow them to reach a Convention-friendly result wherever possible."
|
|
|
"For the purpose of protecting human rights
|
the common law courts did not recognise all rights.
|
|
|
Give an example of a 'right' and the relevant case."
|
"Privacy.
|
|
|
Which article?"
|
Article 11
|
|
|
Which article?"
|
Article 3
|
|
|
Article 2
|
Right to life
|
|
|
Poplar Housing and Regeneration Community Association v Donoghue (2001)
|
"Claiamant argued that a possession order by the defendants was in breach of her convention rights.
|
|
|
What is the relevant statutory provision?"
|
s6 Human Rights Act 1998
|
|
|
Which article?"
|
Article 2 of the First Protocol
|
|
|
R v Mental Health Tribunal ex parte H (2001)
|
Court of Appeal declared that sections 72 and 73 Mental Health Act 1983 breached Article 5 of the European Convention because they placed the burden of proof on a sectioned patient to show that he longer warranted detention.
|
|
|
R v AG ex parte Rushbridger (2003)
|
"Claimants sought a declaration under s4 HRA 1998 that the Treason Felony Act 1848 was incompatible with Art 10.
|
|
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"So far
|
only one statement of incompatibility by the Minister under HRA 1998 has been made.
|
|
|
What did the relevant provision concern?"
|
"Communications Act 2003
|
|
|
"Prior to the Human Rights Act
|
an Act of Parliament could interfere with human rights with no challenge from the courts.
|
|
|
Give three examples."
|
"War Damage Act 1965
|
|
|
Article 9
|
Freedom of Religion and Conscience
|
|
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Name two cases in which the courts have expanded the right of privacy in order to make the law more consistent with the Convention rights under Article 8
|
"Douglas v Hello
|
|
|
What is the relevant case?"
|
R v AG ex parte Rushbridger
|
|
|
Article 3
|
Freedom from Torture and Inhuman and Degrading Treatment
|
|
|
In what sense can the Human Rights Act 1998 have horizontal effect?
|
"Because the courts are public authorities and have a duty to act in a way incompatible with Convention rights. As such
|
|
|
Article 8
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Private and Family Life
|
|
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Article 10
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Freedom of Expression
|
|
|
What are the facts of Bellinger v Bellinger?
|
"Domestic law refused to recognise a marriage between a man and a transsexual born a male.
|
|
|
Name a case in which a defence of <i>volenti </i>was successfully pleaded in response to a claim under OLA 1984.
|
Ratcliffe v McConnell
|
|
|
Phipps v Rochester Corporation
|
"5 year old child feel down a trench dug by defendant council.
|
|
|
Explain what this means and give a case example."
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"THe occupier is not expected to guard against unforeseeable risks.
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Name a case in which the defendants were <i><u>not liable</u></i> for the tort of an independent contractor because it <i><u>was reasonable</u></i> to hire them
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Haseldine v Daw & Son Ltd
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Haseldine v Daw & Son Ltd (1941)
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"Claimants death was caused by negligent lift repairs.
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s2(1) Occupier's Liability Act 1957
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The occupier owes the same duty to all of his visitors except in so far as he is free to modify or exclude his duty by agreement
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Holden v White (1982)
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"Milkman was exercising a private right of way when he fell through a defective manhole cover.
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How does the Occupier's Liability Acts 1957 and 1984 define premises?
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"Any fixed or moveable structure
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What is the standard of care under OLA 1984?
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Objective standard based on negligence
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Name a relevant case."
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Wheat v E Lacon & Co Ltd
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"With occupiers' liability
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certain risks are so obvious that no warning is required by the occupier to absolve liability.
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What is the relevant case?"
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Staples v West Dorset District Council
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What is the relevant case?"
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Gwillam v West Hertfordshire NHS Trust
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s2(3)(b) OLA 1957
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Tradesmen or professionals will be aware of certain common risks and are expected to guard against them
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What is the relevant statutory provision?"
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s2(3)(b) Occupier's Liability Act 1957
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s2(3)(a) OLA 1957
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The occupier must be prepared for children to be less careful than adults
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What is the statutory provision?"
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s2(1) Occupier's Liability Act 1957
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"In order for the occupier to avoid liability for the tort of an independent contractor
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the contract <i><u>must be competent
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</u></i>Name a relevant case."
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Ferguson v Welsh
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What is the relevant case?"
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Liddle v Yorkshire County Council
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"Under OLA 1957
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the occupier must be prepared for children to be less careful than adults.
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What is the relevant statutory provision?"
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s2(3)(a) OLA 1957
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What is the relevant section?"
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s1(6)
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Ratcliffe v McConnell (1999)
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"Trespasser used a swimming pool after hours. Ignored a warning regarding diving in the shallow end and injured himself. He then brought a claim under OLA 1984.
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Occupier must take such care as is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is permitted to be there
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s2(2) Occupier's Liability Act 1957
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"Under OLA 1984
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there can be no liability if the occupier is unaware of hte danger or has no reason to suspect it.
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What is the relevant case?"
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Rhind v Astbury Water Park
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White v Blackmore (1972)
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"Claimant injured by a race car at an event. A claim was made under occupiers' liability and the defendants relied on 'volenti'.
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s2(2) Occupier's Liability Act 1957
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Occupier must take such care as is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is permitted to be there
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s2(4)(a) OLA 1957
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"To avoid liability
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"In relation to occupier's liability for children
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the courts may take the view that very young children ought to be under parental supervision.
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What is the relevant case?"
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Phipps v Rochester Corporation
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What is the relevant statutory provision?"
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s1(1)(a) OLA 1984
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s1(1)(a) OLA 1984
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There is a duty to non-visitors in repsect of injuries on the premises by reason of danger due to i) the state of the premises themselves or ii) things done or omitted to be done on them.
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"A warning will not be enough to avoid liable under OLA 1957 unless it is sufficient
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in all circumstances
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What is the relevant statutory provision?"
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s2(4)(a) OLA 1957
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s1(3) OLA 1984
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"Occupier has a duty to non-visitors if
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1. Any person was
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at the time of the act or before it began
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2. Any person was
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at the time of the act or before it began
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6. [..........................]"
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6. Any person had administered or caused to be taken a substance which was capable of causing or enabling V to be stupefied or overpowered
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How do the evidential presumptions work?
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"If D did the relevant act
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1. Any person was
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at the time of the act or before it began
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6. Any person had administered or caused to be taken a substance which was capable of causing or enabling V to be stupefied or overpowered"
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"2. Any person was
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2. Any person was
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at the time of the act or before it began
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6. Any person had administered or caused to be taken a substance which was capable of causing or enabling V to be stupefied or overpowered"
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"1. Any person was
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What does s76 Sexual Offences Act 2003 set out?
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The conclusive presumptions regarding consent
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s74 Sexual Offences Act
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A person consents if he agrees by choice and has the freedom and capacity to do so
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"For certainty of subject matter
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what two things must be certain?"
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IRC v Broadway Cottages Trust (1955)
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"- Trust to apply income for the benefit of all or any of a class of objects including settlor's wife
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What is the one exception to the rule that a holder of a power of appointment can release the power?
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A fiduciary power in the full sense ... i.e a pension fund
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What is the effect of uncertainty of subject matter if it relates to <b><u>trust property</u></b> ?
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The transferee retains the property beneficially
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Re: Adams and Kensington Vestry (1884)
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"* A will used the expression 'In full confidence that she will do what is right for the children ...'
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Paul v Constance (1977)
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"Bank account in Mr C's name which is used jointly by him and his mistress. He told her that the money was ""as much yours as it is mine""
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Re: Adams and Kensington Vestry (1884)
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"Will's used of the words ""In full confidence that my wife will do what is right ...""
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Don King Productions v Warren (1999)
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"* Contract for two parties to hold all promotion & management agreements for the benefit of a partnership
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What is the effect of uncertainty of subject matter if it relates to the <b><u>beneficial interest</u></b> ?
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The express trust will fail and a <b>resulting trust </b>will arise in favour of the transferor
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Comiskey v Bowring-Hanbury (1905)
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"The will made reference to something being passed on to testator's nieces at the end of his life and so
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Re: London Wine Co (1986)
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"- Customers bought wine which was stored in company's warehouse
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Harris v Birkenhead Corporation (1976)
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"Facts: 4 year old child was injured in an empty house which had not been boarded up or secured. The house was subject to a CPO by the local authority
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"Under the Occupier's Liability Act
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a _ _ _ _ _ _ / _ _ _ _ is to be applied to all lawful visitors"
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Higgs v Foster (2004)
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"A police officer trespassed on the defendant's property and entered via an unusual entrance. He fell into an inspection pit and was injured.
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Roles v Nathan (1963)
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"Chimey sweeps cleaned industrial chimney without bothering to switch off the boiler. They died of carbon monoxide poisoning.
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What two possible causes of injury are there under OLA 1984?
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"1. Due to the state of the premises
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Rae v Mars UK Ltd (1990)
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"There was a deep pit inside the entrance of a dark shed. A warning was posted outside. The claimant was injured when he fell in.
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Held: The pit was right next to the entrance and the warning did not make this clear. As such
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the warning was insufficient to absolve liability under OLA 1957"
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What is the relevant case?"
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Glasgow Corporation v Taylor
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Name a relevant case."
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Holden v White
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Can you exclude your liability to non-visitors under OLA 1984?
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There is an argument that it should be impossible because the purpose of the Act was to create a minimum standard.
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Is there any reference to exclusion clauses in Occupiers' Liability Act 1984?
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No
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Wheat v E Lacon & Co Ltd
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"Manager of a pub was given the right to rent out rooms even though he had no properietary interest in the property.
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Occupiers' Liability Act 1984 provides duty relating to _ _ _ _ _ _ only
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injury
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Staples v West Dorset District Council
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"The dangers of wet algae on a high wall at Lyme Regis were obvious.
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What is the relevant case?"
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White v Blackmore
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Fryer v Pearson (2000)
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"Family visitor injured by needle on the floor.
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What is the relevant case?"
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McGeown v Northern Ireland Housing Executive
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Rhind v Astbury Water Park (2004)
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"Claimant ignored a notice saying 'Private property. No swimming'. He dived into a lake and was injured by rocks just below the surface. He brought a claim under OLA 1984.
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Jolly v London Borough of Sutton (2000)
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"Boys attempted to repair an abandoned boat on council land. They tried to jack it up but it collapsed and injured one of the boys.
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Liddle v Yorkshire County Council
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Child was injured on the defendant's land but the child had been warned of the risk of playing on the land on a number of occasions and so was not liable.
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"In relation to OLA 1984
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the mere fact that an occupier fenced off land does not in itself mean he was aware of the danger.
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What is the relevant case?"
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White v St Albans City Council
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British Railways Board v Herrington (1972)
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"(i) 6 year old strayed onto an electrifed railway line through a hole in a badly maintained fence.
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(iv) The occupier had a duty to trespassing children where they knew of the danger
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the likelihood of trespass and were in a position to alleviate it."
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"When it comes to occupier's liability for children
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it is the general type of damage which must be foreseen
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What is the relevant case?"
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Jolly v London Borough of Sutton
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Name a relevant case."
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Roles v Nathan (1963)
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The occupier is anyone who has _ _ _ _ _ _ _ _ _ / _ _ _ _ _ _ _
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effective control
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Remember the duty is to keep the _ _ _ _ _ _ _ / _ _ _ _ not to _ _ _ _ _ _ _ _ / _ _ _ _ / _ _ _ _ _ _ _ _
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"The duty is to keep the visitor safe
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Glasgow Corporation v Taylor (1922)
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"A child died after eating poisnous berries from a shrub which was not fenced off.
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Bottomley v Todmorden Cricket Club (2003)
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"Amateur was hired by cricket club to perform a pyrotechnics stunt in which the claimant was injured.
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Court held that as he had no insurance he could not be considered a competent professional. Therefore
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the cricket club were liable under OLA 1957"
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Burnett v British Waterways (1973)
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"Claimant had no choice but to enter the defendant's dry dock from his barge.
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When he was injured
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the defendant could not rely on a defence of volenti. He had not accepted the risk voluntarily."
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"Which case created the ""common duty of humanity""?"
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British Railways Board v Herrington
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Woodward v Mayor of Hastings (1945)
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"Contractor cleared school steps of snow but did so badly and left them icy. A child was injured as a result.
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White v St Albans City Council
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"Claimant fell from a narrow bridge which had been badly fenced off. Tried to bring a claim under OLA 1984.
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Claim failed because council were not aware of the danger
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despite the fencing."
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What 3 things must be remembered when considering liability for the torts of independent contractors?
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"1. It must be reasonable to hire a contractor
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What are the two main defences to claims under OLA 1957?
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"1. Contributory negligence
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"In occupiers' liability
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where the claimant has no choice but to enter the premises he has <b><u>not accepted the risk
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</u></b>What is the relevant case?"
|
Burnett v British Waterways
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McGeown v Northern Ireland Housing Executive (1994)
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"Claimant injured on a footpath which belonged to the defendants but had become a publci right of way.
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"If an independent contractor is uninsured
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the occupier should consider him to be not competent.
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What is the relevant case?"
|
Bottomley v Todmorden Cricket Club
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What is the relevant case?"
|
Higgs v Foster
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"To avoid liability for the torts of independent contracts under OLA 1957
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the occupier is sometimes expected to <b><u>inspect the work.
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</u></b>What is the relevant case?"
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Woodward v Mayor of Hastings
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What are precatory words?
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Ambiguous or hopeful expressions used in wills.
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