Self-test questions: Occupiers' Liability

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. What did the Occupiers' Liability Act 1957 effectively codify?

The rights of a visitor. correct incorrect

The rights of a trespasser (or non-visitor). correct incorrect

The common law duty of care. correct incorrect

The definition of an occupier. correct incorrect

The rights of a licensee. correct incorrect

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. There are 2 key statutes in relation to occupiers' liability. Which act relates to which types of people coming on to a property?

The Occupiers' Liability Act 1957 relates to visitors, the Occupiers' Liability Act 1984 relates to non-visitors. correct incorrect

The Occupiers' Liability Act 1957 relates to non-visitors, the Occupiers' Liability Act 1984 relates to visitors. correct incorrect

The Occupiers' Liability Act 1957 and the Occupiers' Liability Act 1984 both relate to visitors. correct incorrect

The Occupiers' Liability Act 1957 and the Occupiers' Liability Act 1984 both relate to non-visitors. correct incorrect

The Occupiers' Liability Act 1957 and the Occupiers' Liability Act 1984 both relate to visitors and non-visitors but in different circumstances. correct incorrect

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. Which of the following categories of people would be classed as occupiers?

They must have some degree of control over the premises. correct incorrect

They must have exclusive occupation of the premises. correct incorrect

They must have an interest in the land. correct incorrect

They must have an interest in the land as well as exclusive occupation correct incorrect

They must have an interest in the land as well as some degree of control over the premises. correct incorrect

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. A brewery owns a pub, which is run by the manager, who lives upstairs together with his wife. They take in paying guests (with the brewery's permission) who stay upstairs. One day, one of the guests falls down a flight of stairs. Who will the Court consider to be the occupier(s) for the purposes of the Occupiers' Liability Act 1957?

Only the brewery. correct incorrect

Only the manager. correct incorrect

The brewery and the manager. correct incorrect

The manager and his wife. correct incorrect

The guests. correct incorrect

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. What is the "common duty of care"?

A duty to take care of persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts and omissions which are called into question. correct incorrect

A duty to take care of persons in proximity, in relation to damage which is reasonably foreseeable, where it is fair, just and reasonable for a duty to exist. correct incorrect

A duty to take such care as in all the circumstances of the case is reasonable to see that anyone will be reasonably safe in using the premises. correct incorrect

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. correct incorrect

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 correct incorrect

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. Toby runs a soft play centre aimed at primary school age children. Gaia is a 7 year old child playing at the centre - she climbs on to a bouncy castle Toby has set up and is bouncing when it comes away from its tethers and flips over, injuring Gaia. Can Gaia bring a successful claim against Toby?

Yes, Toby owes Gaia a duty of care under the OLA 1984 as she is a non-visitor to the premises as she is a child. correct incorrect

Yes, Toby owes Gaia a common duty of care under the OLA 1957 as she is a visitor, and has breached that duty by failing to ensure that she is reasonably safe. correct incorrect

No, Toby's duty to Gaia is limited by the fact that her parents should be supervising, and it is the parents that have breached their duty of care. correct incorrect

No, Toby owes a higher level of duty to Gaia as she is a child and it has not been breached in this case. correct incorrect

No. Toby owes Gaia a common duty of care under the OLA 1957, but there are inherent risks in playing on a bouncy castle and she has consented to that risk. correct incorrect

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. A castle was built on a sheer cliff with a footpath nearby, the sheer drop is partially hidden by bushes. There is a sign at the start of the footpath half a mile away, warning that there is a large drop near the footpath. Verity walks up the footpath but sustains head injuries when she stumbles over the edge of the footpath at the top of a cliff and falls some distance down the cliff. Can Verity bring a successful claim against the castle's owners?

No, under s.2(4)(a) OLA 1957 the existence of a warning sign is enough to discharge the common duty of care. correct incorrect

No, there is no duty to warn against obvious dangers. correct incorrect

No, Verity is required to take reasonable care, and the sign has given her fair warning of the risk, and she has consented to that risk. correct incorrect

Yes, the location of the sign is too far from the danger, so does not absolve the castle from their duty of care under s.2(4)(a) OLA 1957. correct incorrect

Yes, Verity is a visitor to the castle, so under s.2 OLA 1957 the common duty of care applies and liability is strict. correct incorrect

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. Yvonne subcontracts some electrical work in her home to certified electrician Edwina. Whilst Edwina is carrying this out, she leaves some wires trailing across the floor. Yvonne's friend Zoe comes to visit and trips over a wire, breaking her ankle. What is the correct statement of the law?

Zoe will succeed in an OLA 1957 claim against Yvonne as she owes her a common duty of care. correct incorrect

Zoe will succeed in an OLA 1957 claim against Yvonne as she is responsible for Zoe's injuries, despite employing a sub-contractor. correct incorrect

Zoe will succeed in a claim against Edwina as long as Yvonne met the criteria in s.2(4)(b) OLA 1957. correct incorrect

Zoe will not succeed in a claim against Edwina because Yvonne was not reasonable in entrusting the work to Edwina under s.2(4)(b) OLA 1957. correct incorrect

Zoe's claim will fail as she has failed to take reasonable care and has therefore assumed the risk herself. correct incorrect

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. Can an occupier completely exclude liability for loss or damage to their visitors, by contract term or notice?

Yes, s.2(1) OLA 1957 expressly enables the occupier to "extend, restrict, modify or exclude his duty" correct incorrect

Yes, s.2(1) OLA 1957 and general principles of freedom of contract enable the occupier to exclude liability for loss or damage by agreement or otherwise. correct incorrect

Yes, other than personal injury or death, the occupier can exclude liability for loss or damage. correct incorrect

No, the Unfair Contract Terms Act 1977 when read together with s.62 Consumer Rights Act 2015 imposes a requirement of fairness and reasonableness in relation to contract terms and notices. correct incorrect

No, the Unfair Contract Terms Act 1977 specifically forbids excluding liability for loss or damage. correct incorrect

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. Tim goes to his local park and dives into the shallow lake for a swim. Unfortunately, he injures his neck causing permanent paraplegia. There are signs around the lake warning, "Dangerous water - no swimming", but these are regularly ignored and the council who owns the park have been aware of a number of accidents over the last year. Will Tim be able to successfully sue the council for injuries?

Yes, the council owe him a common duty of care as a visitor to the park and were aware that there had been accidents in the past. correct incorrect

Yes, the council owe him a duty under OLA 1984, they were aware that the lake was dangerous and that people still swam in it, and so should have taken more steps to protect lake users. correct incorrect

Yes, he is a non-visitor once he enters the lake, and the council owe him a duty of care. correct incorrect

No, the council have successfully removed their liability for personal injury by putting up warning signs. correct incorrect

No, a duty of care does not even arise as the park and lake were not in a dangerous state and the council is not required to take any steps to prevent park users from diving or warning against perfectly obvious dangers. correct incorrect

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. What are the essential conditions for a duty to be owed to a non-visitor under the Occupiers' Liability Act 1984?

The occupier is aware of the danger or has reasonable grounds to believe that it exists and the risk is one against which, in all the circumstances of the case, the occupier may reasonably be expected to offer some protection. correct incorrect

He is aware of the danger or has reasonable grounds to believe that it exists; and he knows or has reasonable grounds to believe that someone is, or may come in the vicinity of this danger; and the risk is one against which, in all the circumstances of the case, the occupier may reasonably be expected to offer some protection. correct incorrect

He knows or has reasonable grounds to believe that someone is, or may come in the vicinity of a danger; and the risk is one against which, in all the circumstances of the case, the occupier may reasonably be expected to offer some protection. correct incorrect

He is aware of the danger or has reasonable grounds to believe that it exists; and he knows or has reasonable grounds to believe that someone is, or may come in the vicinity of this danger. correct incorrect

He knows or has reasonable grounds to believe that someone is, or may come in the vicinity of this danger; and the risk is one against which the occupier may reasonably be expected to offer some protection or warning. correct incorrect

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. Cleo was in a council owned park which had a lake. She saw the lake which was murky and dark and decided to dive in. She ignored the signs which clearly read "Private Property: Strictly no Swimming Allowed". There was a jagged metal box in the deep water, hidden from view, and which the council were unaware of. Cleo cut her foot on the box and required hospital treatment and stitches. What is the correct statement of the law?

The council owes Clio the common duty of care as a visitor to the park under the OLA 1957. correct incorrect

The council owes Clio a duty of care as a non-visitor to the park under the OLA 1984. correct incorrect

The council does not owe Clio a duty of care as a non-visitor to the park under the OLA 1984 as there was no evidence that the council knew or had reasonable grounds to believe that a danger existed. correct incorrect

The council does not owe Clio a duty of care under either the OLA 1957 or OLA 1984 as she failed to follow the warning sign. correct incorrect

The council owes Clio the common duty of care as a visitor to the park under the OLA 1957, but the duty is met by the existence of the warning sign. correct incorrect

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. Emil is an experienced plumber and boiler fitter. He is working in an enclosed space in Adam's house. Adam warns Emil several times about the risks of working in such a small space, but Emil told him to leave as he knew what he was doing. Emil inhales noxious fumes from the boiler and ends up in hospital with breathing difficulties. Will Emil be able to successfully claim against Adam?

No, Emil is a specialist and bears the risk, and Adam's warnings ensured that Emil was reasonably safe, so discharged his duty as occupier. correct incorrect

No, Adam owes a duty of care to Emil but the warning absolves him of all responsibility. correct incorrect

Yes, Adam owes the common duty of care to Emil under the OLA 1957 and is therefore liable for the injuries suffered by Emil. correct incorrect

Yes, Adam owes a duty of care under the OLA 1984, and is therefore liable for the injuries suffered by Emil. correct incorrect

Yes, Adam owes the common duty of care to Emil under the OLA 1957 and the warnings were inadequate, so is liable for the injuries suffered by Emil. correct incorrect

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. Christy has a deep pond in her garden. When she has visitors she covers it up with a wooden lid. One evening she does not cover over the pond, and Fiona climbs over the wall into the garden, looking for a way to break into Christy's house. Fiona doesn't see the pond in the dark, falls in and injures her leg. Can Fiona bring a successful claim against Christy?

No, Fiona is a trespasser so cannot bring a claim against Christy as she had no right to be on Christy's property. correct incorrect

No, Christy does not owe a duty of care to Fiona under the OLA 1984, because whilst she was aware of the danger posed by the pond, she neither knew nor had reasonable grounds to believe that someone would come into the vicinity of the pond. correct incorrect

Yes, Christy owes the common duty of care to Fiona under the OLA 1957 and failed to protect Fiona, and could reasonably have done so by putting up a warning sign to advise visitors that the pool was deep. correct incorrect

Yes, Christy owes the common duty of care to Fiona under the OLA 1957 and failed to protect Fiona, and could reasonably have done so by putting the lid on the pond. correct incorrect

Yes, Christy owes a duty of care to Fiona under the OLA 1984, because she was aware of the danger posed by the pond, she knew or had reasonable grounds to believe that someone would come into the vicinity of the pond and it would be expected that Christy would protect against the risk of someone hurting themselves by putting the lid on the pond. correct incorrect

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. Which of the following would be classed as a warning sign under s.2(4)(a) Occupiers' Liability Act 1957?

"Danger, slippery when wet" & "The Management accept no responsibility for injury or damage howsoever caused". correct incorrect

"The Management accept no responsibility for injury or damage howsoever caused" & "No Entry" correct incorrect

"No Entry" correct incorrect

"The Management accept no responsibility for injury or damage howsoever caused". correct incorrect

"Danger, slippery when wet" correct incorrect