Occupiers Liability

Name the Act that creates a duty towards lawful visitors.

Name the case where it was held that, "When you invite a person into your house to use the staircase, you do not invite him to slide down the bannisters"

"There can be more than one occupier of the same premises." True or false?

• True

• False

Answer explanation

In Wheat v E Lacon both the landlords of a pub and the brewery that owned the pub were counted as occupiers.

In which case were did people have implied consent to cross a field due to repeated visits?

• Lowery v Walker

• Jolley v Sutton LBC

• Robson v Hallett

• Harvey v Plymouth City Council

Select the case where an abandoned boat was an 'allurement'.

• Lowery v Walker

• Jolley v Sutton LBC

• Robson v Hallett

• Harvey v Plymouth City Council

Select the case where there is implied permission to enter premises in order to communicate.

• Lowery v Walker

• Jolley v Sutton LBC

• Robson v Hallett

• Harvey v Plymouth City Council

In which ONE of these cases was the occupier liable for not keeping a child reasonably safe?

• Glasgow Corporation v Taylor

• Phipps v Rochester Corporation

Answer explanation

There was no liability in Phipps as Lord Devlin held that,

“The occupier … is entitled to assume that normally little children will be accompanied by a responsible person …"

Name the case where two chimney sweeps died after inhaling carbon monoxide fumes.

"It is the visitor that needs to be reasonably safe, not the premises."

• True

• False

Which one of the following is NOT a defence to Occupiers' Liability Act 1957?

• Contributory negligence

• Consent

• The existence of a warning notice

• A clause excluding liability for causing personal injury

Answer explanation

Contracts cannot exclude liability for death or person injury - Unfair Contracts Terms Act 1977 UCTA.