Tort; Occupiers Liability

Front 1

Section 2 OLA 1995?

Back 1

Visitors: by permission includes entrants as of right and entrants by virtue of contract. Basically lawful entrants

Hint 1

What it includes

Front 2

What section contains the duty owed to visitors?

Back 2

Section 3: to take such care as is reasonable in all the circumstances.. The common duty of care, based on reasonableness

Hint 2

Sta

Front 3

Standard of care? (Visitors)

Back 3

Non absolute duty: factors to consider are self responsibility and supervision

Front 4

Heaves v Westmeath CoCo. 2001

Back 4

System adequate, no liability imposed

Hint 4

Belvedere

Front 5

Heaves v Westmeath CoCo. 2001

Back 5

System adequate, no liability imposed

Hint 5

Belvedere

Front 6

Power v gov cork prison 2005

Back 6

A cheap solution of a non slip mat would have reduced risk ... Liability imposed

Front 7

Heaves v Westmeath CoCo. 2001

Back 7

System adequate, no liability imposed

Hint 7

Belvedere

Front 8

Power v gov cork prison 2005

Back 8

A cheap solution of a non slip mat would have reduced risk ... Liability imposed

Front 9

Vega v Cullen

Back 9

Social guest, failed to take proper self responsibility, CN . Cullen ought to have foreseen danger CN 30%

Front 10

Heaves v Westmeath CoCo. 2001

Back 10

System adequate, no liability imposed

Hint 10

Belvedere

Front 11

Power v gov cork prison 2005

Back 11

A cheap solution of a non slip mat would have reduced risk ... Liability imposed

Front 12

Vega v Cullen

Back 12

Social guest, failed to take proper self responsibility, CN . Cullen ought to have foreseen danger CN 30%

Front 13

Newman v Cogan 2012

Back 13

No liability imposed, o'neill j 'One cannot expect a householder to have knowledge of the glass trade

Front 14

Recreational users

Back 14

With/without permission, implied invitation (free of charge) purpose must be recreation

Front 15

Recreational users

Back 15

With/without permission, implied invitation (free of charge) purpose must be recreation

Front 16

What duty is owed to rec users?

Back 16

S.4 avoid intentionally injuring and to avoid acting with reckless disregard for their safety

Front 17

Recreational users

Back 17

With/without permission, implied invitation (free of charge) purpose must be recreation

Front 18

What duty is owed to rec users?

Back 18

S.4 avoid intentionally injuring and to avoid acting with reckless disregard for their safety

Front 19

Section 4(4)?

Back 19

Requires safe structures

Front 20

Recreational users

Back 20

With/without permission, implied invitation (free of charge) purpose must be recreation

Front 21

What duty is owed to rec users?

Back 21

S.4 avoid intentionally injuring and to avoid acting with reckless disregard for their safety

Front 22

Section 4(4)?

Back 22

Requires safe structures

Front 23

Section 4(2)

Back 23

1.Regard to circumstances 2.nature of danger 3. Character of premises 4. Conduct of the entrants 5. Any warnings 6. Supervision

Front 24

Weir Rodgers v sf trust 2005

Back 24

SC overturned HC decision, question ought to have been whether objective reckless disregard. Held in favour of the D, danger was inherent

Front 25

Weir Rodgers v sf trust 2005

Back 25

SC overturned HC decision, question ought to have been whether objective reckless disregard. Held in favour of the D, danger was inherent

Front 26

Tomlinson 2004

Back 26

Rocks at the bottom, no liability, self responsibility, inherent risk

Front 27

Weir Rodgers v sf trust 2005

Back 27

SC overturned HC decision, question ought to have been whether objective reckless disregard. Held in favour of the D, danger was inherent

Front 28

Tomlinson 2004

Back 28

Rocks at the bottom, no liability, self responsibility, inherent risk

Front 29

Lynskey v minister for arts.....

Back 29

Occupier couldn't be liable for every conceivable danger

Front 30

T

Back 30

T

Front 31

Trespassers:

Back 31

Defined negatively as entrants who are not visitors or recreational users.

Front 32

Trespassers:

Back 32

Defined negatively as entrants who are not visitors or recreational users.

Front 33

What duty owed to trespassers?

Back 33

The same as recreational users, to avoid intentionally injuring and acting with reckless disregard for their safety

Front 34

Trespassers:

Back 34

Defined negatively as entrants who are not visitors or recreational users.

Front 35

What duty owed to trespassers?

Back 35

The same as recreational users, to avoid intentionally injuring and acting with reckless disregard for their safety

Front 36

What standard of care is owed

Back 36

Section 4(2) regard to all the circumstances (the 6 in rec users)

Front 37

Trespassers:

Back 37

Defined negatively as entrants who are not visitors or recreational users.

Front 38

What duty owed to trespassers?

Back 38

The same as recreational users, to avoid intentionally injuring and acting with reckless disregard for their safety

Front 39

What standard of care is owed

Back 39

Section 4(2) regard to all the circumstances (the 6 in rec users)

Front 40

S.4 (3)?

Back 40

Removes liability for those entering for criminal purpose or who decide to commit crime while present.

Front 41

Name the case for trespassing?

Back 41

Williams v TP Construction ltd. 2002 : arrived unannounced to inspect. Thus a trespasser. Min duty owed not broken

Hint 41

Wallace recycling

Front 42

What is reckless conduct?

Back 42

Conduct that is more than careless

Front 43

Section 5(2)

Back 43

Restriction/modification of liability for visitors by express agreement/notice

Front 44

What must be met in restricting duty?

Back 44

Restriction is reasonable in all the circumstances

Taken steps to bring the notice to the attention of visitors

Front 45

Liability for acts of ic's

Back 45

Section 7 not liable for negligence of IC, providing competent ICs hired

Front 46

Defences?

Back 46

Section 8 OLA doesn't affect self defence, defence of property. CN can be pleaded but construed strictly