Flashcards
CASES OLA '57
Cards in this deck (21)
- 1Wheat v Laconwho is an occupier?
person with prop interest over land etc etc etc
- sufficient degree of control - 2Lowery v Walkerimplied permission
- habitual use of short cut - 3The Calgarth"you do not permit him to slide down the banister"
- 4Harris v BirkenheadCouncil was found occupier of house
- phys occupation not needed to be liable - 5Greenlagh v British Rail Boardbridge built by stat auth AND p not a visitor
(bridge built for residents p was not) - 6Stone v TaffeExpress permission can be restricted by time
BUT
the manager of a pub had not made it clear that there was a time limit so c still visitor - 7McGeown v NI Housingno liability incurred for public right of way
- not lawful visitor under OLA 57 - 8Simms v Leighinjury foreseeable but so improbable that no liability
- 9Cunningham v Reading FCd in breach as should have secured concrete so as to not allow angry fans to throw it
- injured policeman - 10Glasgow Corp v Taylorallurement
- poison berries in park
- d aware but no steps to reduce danger - 11Pearson v Coleman Brosexpress permission can be restricted by area but signage necessary
- girl mauled by lions on way to loo - 12Phipps v Rochester Corporationboy fell into trench on open land
- d not liable as parents ought not have let young children wander - 13Jolley v Suttonkids fixing boat on council land
- allurement
- council liable
- teenagers still count - 14Roles v Nathanoccupier gave warning AND c's acted against standard practice
- chimney sweeps v boiler
- d not liable for deaths - 15Ogwo v Taylorfireman injured in negligently (by d) started fire
- occupier liable for injuries - 16White v Blackmore"motor racing is dangerous" sufficient warning
-successful exclusion
volenti not successful here as inadequate barrier - 17Cotton v Derbyshire CCcliffs seen as an obvious danger so as to not require a warning sign
- 18Staples v West Dorsetalgae seen as an obvious slippery danger so as to not require a warning
- 19Haseldine v Dawengineer (indep contractor) liable for collapse of roof NOT occupier
- 20Woodward v Mayor of Hastingsschool governors liable for negligently cleaned steps
- 21Revill v Newberrycontributory negligent not ex turpi causa
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- Flashcards on CASES OLA '57, created by Tells Bell on 20/01/2015.
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- Tells Bell
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