The OLA '57 covers lawful visitors.

S1.2 states that the occupiers is the persons who would be treated as an occupier in common law. In common law, the 'Occupier' is decided using the 'Control test' established by Lord Denning in Wheat v Leacon The Occupier doesn't have to be in occupation of the premises - Harris v Birkenhead

S1.3(a) What is the 'premises'? - Includes land and any buildings on that land ,'any fixed or movable structure on the occupiers land, including buildings, vehicles, vessels and aircraft'. - Wheeler v Copas

To establish liability under this Act, Duty of care, breach of duty and damage must be proven.

S2.1 An Occupier owes a duty of care to all lawful visitors.

S2.2 the duty of care is 'a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there'. The duty is to keep visitors NOT premises safe. Duty of care is judged against the standard of care in normal negligence - how would the reasonable occupier have acted? - Latimer v AEC. The Duty only applies if the visitor is carrying out lawful activities - Tomlinson v Congleton. Reasonable Care requires no more than reasonable precautions - Laverton v Kiapasha.

Exceptional circumstances include:

S2.3(a) An occupier must be prepared for children to be less careful than adults. It is not a defence to say that the precautions taken were adequate to protect an adult if the reasonable occupier would have taken further precautions to protect a child. Seen in Maloney v Lambeth. It is expected of parents also, to take reasonable care to control their childs actions - this is decided using the 'Prudent Parent test' shown in Phipps v Rochester Corp.

S2.3(b) An occupier may expect that a specialist visitor will be aware of and will protect himself against risks within his own specialism. - Roles v Nathan

S2.4(b) Independant contractors- The occupier is not liable is the visitor was injured by a danger created by faulty workmanship on the part of an independent contractor, provided that the occupier took reasonable care to ensure the contractor was competent and the work was done properly. - Woodward v Mayor of Hastings, Haseldine v Daw

Duty may be discharged when:

S2.4(a) Occupier carried out his duty by providing reasonable warnings. These can be implied (such as fences and locked doors) or express (such as notices and signs). - Woolins v British Celanese

Causation and Remoteness - Same as in standard negligence cases: Caustation is determined by the 'but for' test and Remoteness of damage must be considered in terms of the type of damage, the sequence of events leading to the damage, and the foreseeability.

Defences:

S2.3 Contributory negligence - this sections states that courts should consider the care and lack of care that would ordinarily be looked for in a visitor. Contributory negligence was introduced by the Law Reform Act 1945, and is defined as when the claimant's own action was below the standard reasonably expected and caused or contributed to their own losses.

S2.5 Cosent/ Volenti is when the claimant knows that the defendant may act negligently and still consents to it. - Morris v Murray, Haynes v Harwood

S2.1 Occupiers may restrict or exclude the duty owed to visitor if they put up an appropriate sign saying that they don't accept liability which is clearly worded and visible. - Ashdown v Samuel Williams, In the case of business premises, the rule allowing exclusion of liability was modified by the provisions of the Unfair Contract Terms Act 1977. By S2.1 of the UCTA, liability cannot be excluded for death or personal injury of a visitor where that loss is caused by negligence; and by S2.2, Liability for other losses can only be excluded where it is reasonable for the occupier to do so.

Remedies:

S1.3 Damages can be claimed for Death, personal injury, damage to property (including that which belongs to another) and any consequential economic loss resulting from the damage to property.

	Created by Sophie.J.E over 9 years ago

	Copied by Naomi Fisher over 9 years ago

Note on Law of Tort Summary (Pt 1), created by Naomi Fisher on 05/17/2015.

Law of Tort Summary (Pt 1)