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10 Cards in this Set
- Front
- Back
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ACts |
OLA 57 and OLA 84 Unfair contract terms act 77 defective premises act 72 |
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OLA 57
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lawful visitors occupier is who has control more than one person can have control (Wheat v Lacon 1966) law vis: invitees licensees right at law (e.g police) courts may be prepared to ungrade a child trespasser as a visitor (Glasgow Corp v Taylor 1922) |
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s2(2) OLA 57 common duty of care Laverton v Kiapisha 02 all was reasonably expected, couldn't mop and dry all night Children s2(3)a occupier can expect a child to take less care for his own safety than an adult, unless so young that parents expected to exercise control Phipps v Rochester corp 55 child 5 yr old injured in care of 7 yr old sister Jolley v Sutton lbc 2000 older minors attracted to a interesting part, less predictable than that of a younger child 2 14 yr olds canal boat |
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Skilled contracters
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s2(3)b ola 57 if risk is associated with the work done it is fine Roles v Nathan 63 chimney sweeps CO poisonin, if would affect normal visitors then no protection, salmon Seafarers resteraunts 83 firemen reasonable steps to contain neg started fire sustain injuries - need to provide required standard of care warnings s2(4)a warning doesn't absolve liability unless enables to be safe darby v national trust 01 no duty to warn against obvious dangers lough v intruder detection 08 workmen on property no guard on staircase warning 25% liable |
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independent contractors
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2(4)b gwilliam v west herts nhs trust 02 has the occupierdone enough to discharge their duty, not necessary to check contents of insurance cover |
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defences
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volenti, s2(5) ), liability can be excluded UCTA77, not death or serious injury, must be reasonable if not
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ola 84
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s1(3) duty arises when aware of danger and ahs reasonable grounds to belive it exists knows or has reasonable grounds to belive that someon may come into the vicinity risk is one can reasonably be expected to offer some protection death and bodily injury only (s1(8)) |
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Cases
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Ratcliff v McConnell and another 99 trespasser dives into swimming pool at night, volenti Tomilson v Congleton BC 03 young dived into lake, had started to cover area with plants to dischourage, found in favour of claimant should have all been covered young v Kent CC 05 fell through skylight, evidence of done before revill v newberyy 96 shot gun through hole in door wounding trespasser s1(4) must take reasonable care- objective test - age of c, nature of entire, precautions necessary to guard against risk |
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Defences
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warnings and exclusions of liability s1(5) ola 84 can be discharged- age of entrant is important volenti s1(6) |
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vendors, lesssors and local authorities
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landlord has obligation to tenant builder required to ensure building work in dwelling is done properly DPA 72 ?? something about councils? |
