nbsp; ].","back":"An occupier is identified by sufficient control, not ownership.","points":null},{"id":"ef6beeac-433c-4d3d-b16b-9b90d14e9673","cardType":"cloze","front":"Under s1(3)(a) OLA 1957, premises include land, buildings and fixed or [ ].","back":"Under s1(3)(a) OLA 1957, premises include land, buildings and fixed or movable structures.","points":null},{"id":"290c0241-73e7-4243-9c0c-28d7b30ad121","cardType":"basic","front":"A visitor enters a staff-only area outside their permission. What status may they acquire?","back":"They may become a trespasser.","points":1},{"id":"70c9ad96-1795-4183-9a43-329f7a5bb480","cardType":"basic","front":"Under s2(2) OLA 1957, what is the occupier’s duty to a lawful visitor?","back":"Take reasonable care so the visitor is reasonably safe for the permitted purpose.","points":2},{"id":"e6c2b68a-b6ad-4b2d-9cbf-08859a1ee903","cardType":"cloze","front":"Under s2(3)(a), occupiers must expect children to be [ ] than adults.","back":"Under s2(3)(a), occupiers must expect children to be less careful than adults.","points":null},{"id":"33ed23a9-bd20-4135-8586-4110c8db0e93","cardType":"basic","front":"Why was the occupier liable in Glasgow Corporation v Taylor?","back":"The poisonous berries were an allurement attractive to children.","points":2},{"id":"38196f34-197f-41e1-a18a-f8e3d730dcce","cardType":"basic","front":"Why was the occupier not liable in Phipps v Rochester Corporation?","back":"It was reasonable to expect very young children to be accompanied by an adult.","points":2},{"id":"e1e8e27e-02b4-41cd-846e-58c70270ae79","cardType":"cloze","front":"Under s2(3)(b), skilled visitors should guard against risks [ ].","back":"Under s2(3)(b), skilled visitors should guard against risks ordinarily linked to that work.","points":null},{"id":"9c2c3ba0-555d-47e8-a5ec-c6413cacdc6b","cardType":"basic","front":"When is a warning enough under s2(4)(a) OLA 1957?","back":"Only when it enables the visitor to be reasonably safe.","points":2},{"id":"0873187e-6b38-4233-8524-2f1f1ec2ab4b","cardType":"basic","front":"What must an occupier show to avoid liability for contractor-caused danger under s2(4)(b)?","back":"

Reasonable to entrust work to the contractor.
Reasonable checks of contractor’s competence.
Where possible, reasonable checks of work done.

","points":3},{"id":"13030dbe-6d54-43aa-85d6-4291e042e6bf","cardType":"cloze","front":"Under s2(5) OLA 1957 and s1(6) OLA 1984, volenti covers risks [ ].","back":"Under s2(5) OLA 1957 and s1(6) OLA 1984, volenti covers risks willingly accepted.","points":null},{"id":"d6097b98-e429-4966-9300-9fa570e82147","cardType":"basic","front":"What is the effect of contributory negligence in occupiers’ liability?","back":"Damages may be reduced for the claimant’s lack of care.","points":1},{"id":"bd6fc350-b7de-4d6f-90ef-889e5cd3c07d","cardType":"basic","front":"Which statutory limits apply if an occupier tries to exclude liability under the 1957 Act?","back":"

UCTA 1977: personal injury from negligence.
CRA 2015: unfair consumer terms and notices.

","points":2},{"id":"c6b255ec-9079-48b9-88f2-4a8d01188c79","cardType":"cloze","front":"British Railways Board v Herrington recognised a limited duty of [ ] to trespassers.","back":"British Railways Board v Herrington recognised a limited duty of common humanity to trespassers.","points":null},{"id":"89b4235f-0abe-4815-

Occupiers' liability Flashcards

Occupiers' liability Flashcards