The 1957 Act
The duty is owed to this category of people under the 1957 Act.
Who are visitors?
The duty is owed to this category of people under the 1984 Act.
Who are non-visitors or trespassers?
A visitor is someone with this type of permission.
What is express or implied permission?
This foundational case defines "occupier" using control as the key test.
What is Wheat v Lacon?
This case involved a person who hadn’t moved in yet and was found not to be an occupier.
What is Mathewson v Crump?
This section of the Act defines the common duty of care.
What is Section 2(2)?
This section outlines the three-part test for when a duty arises.
What is Section 1(3)?
This pre-1984 case gave us the “allurement” doctrine.
What is Glasgow Corporation v Taylor?
Lord Denning’s example of someone sliding down banisters came from this case.
What is The Calgarth?
Contributory negligence was applied in this hotel window case.
What is White Lion Hotel v James?
According to this case, an occupier may not need to warn of obvious dangers like deep water.
What is Darby v National Trust?
This case held no duty was owed when a boy fell off a fire escape.
What is Keown v Coventry Healthcare NHS Trust?
This case involved a confused hospital patient treated as a visitor.
What is Spearman v Royal United Bath Hospital?
A court held that the owner of an empty house had control and was therefore liable in this case.
What is Harris v Birkenhead Corporation?
A warning must make the visitor ________ in order to discharge the duty.
What is reasonably safe?
Section 2(3)(a) reminds occupiers to be extra cautious around these types of visitors.
Who are children?
Under s.1(6), a duty is not owed if the risk was this.
What is willingly accepted (volenti)?
In this case involving a 'savage beast', repeated tolerance of trespass led to an implied license.
What is Lowery v Walker?
This case drew a line between skilled visitors and common hazards.
What is Roles v Nathan?
Even this group can be considered occupiers if they control the property.
Who are landlords (under certain leases)?
These three criteria under s.2(4)(b) must be satisfied to avoid liability for a contractor’s work.
What are (i) reasonable to entrust, (ii) contractor is competent, and (iii) work checked if needed?
According to Naylor v Payling, reasonable steps don’t always include what?
What is checking insurance documents?
This case confirmed that intoxication doesn’t negate trespasser status.
What is Kolasa v Ealing Hospital NHS Trust?
Lord Hoffmann’s speech on foolishness and freedom comes from this case.
What is Tomlinson v Congleton?
These Acts limit the ability to exclude liability for personal injury or death.
What are UCTA 1977 and the Consumer Rights Act 2015?