OLA 1957
What duty of care does the occupier owe underneath the 1957 act?
A duty of care to all lawful visitors.
What duty of care does the occupier owe underneath the 1984 act?
A duty of care to all unlawful visitors (trespassers).
What is the definition of vicarious liability?
Form of joint liability where employers are liable for torts committed by their employees in the course of their employment.
What is the neighbour principle and what case does it come from?
To act in a way that those closely affected by your acts (your "neighbours") are not harmed by your actions - Donoghue v Stevenson
What is Ebenezer's last name in A Christmas Carol?
Scrooge
What is the definition of a premises (includes extended definition)? Provide a statute or case
Any fixed or movable structures like buildings and houses - s.1(3)(a)
Any temporary or mobile structures like scaffolding - Wheeler v Copas
What damage can be claimed for by trespassers?
What is the close connections test? What is the case authority?
The close connections test looks at if there was a close connection between the position of the employee and the tort that they committed - Lister v Hesley Hall.
What are the two main remedies in tort law and explain them.
Damages - monetary compensation
Injunction - court order
The Grinch
Name three ways that someone can be a lawful visitor? (bonus points for cases)
Implied Permission - Taylor v Glasgow City Council
Statutory Right - s2.(6) of the 1957 act
Walkers and Ramblers - Countryside and Right of Way Act 2000
Invitees - The Calgarth
Contract - s.5 of the 1957 act
When does the duty of care exist (and what is the statutory authority)?
If the occupier is aware of the danger, was aware of the trespasser coming into the vicinity, and was aware that the danger needed reasonable protection - s.1(3)
Name one thing that IS as a frolic and one that IS NOT a frolic.
IS a frolic: Unauthorised Acts, Criminal Act
IS NOT a frolic: Authorised Acts done in an unauthorised manner, Negligent Acts, Acts where the employer benefits, Acts with a paid wage
What is contributory negligence?
Partial defence - claimant who fails to take reasonable care for their own safety may see their damages reduced.
What city did Kevin's parents travel to in Home Alone?
Paris
Name one defence for OLA 1957 (with a case/statute).
Warning Signs - s.2(4)/Roles v Nathan- Warning signs can be used to avoid liability if it was effective (one way is to be specific about the danger). If the danger is obvious then a warning sign is not needed (Staples v West)
Volenti non fit injuria principle - s.2(5) - If the claimant knowingly takes a risk, the defendant is absolved of liability.
What was the legal principle from Keown v Coventry Healthcare NHS Trust?
An occupier will not be liable to a child trespasser where the danger is not due to the state of the premises, but because the child has acted in a dangerous manner themselves
Name one test that can be used to establish an employer and employee relationship.
What does this test look at to decided if the relationship is present? What is the case authority for the test?
The Control Test - Looks to see if there is a control over someone's actions - Yewen v Noakes
The Integration Test - Looks to see if someone has been integrated into the business - Hawley v Luminar
The Multiple/Economic Reality Test - Looks to see if the employer offers a wage in return for someone's skills - Ready Mixed Concrete v Minister of Pensions
What is trespass to the person?
This type of tort protects individuals from intentional, direct interference with their person, such as battery or assault.
What Christmas film was also the first lead role for Will Farrell?
Elf
What is the duty and standard of care? Are there any special considerations that change these?
Duty of Care - to keep visitors reasonably safe for the purpose and time that they are on the land - s.2(2)
Standard of Care - what the reasonable occupier would have done - s.2(2)
Special Consideration 1 - Children are expected to have an adult with them - Taylor v Glasgow
Special Consideration 2 - Tradespeople are expected to guard against certain risk themselves - Roles v Nathan
What is the standard of care owed to trespassers? Give the statute section.
S.1(4) - to take such care as is reasonable in all the circumstances of the case to see that the other does not suffer injury on the premises by reason of the danger concerned
What is a strength/weakness of Vicarious Liability AND WHY?
Some examples:
- The Control Test is too vague, which makes the law uncertain as almost any controlling act can be seen as a relationship
- We hold the employer liable, which is as it is fair to do as they should have ensured that their employee was trained properly
What is the standard of proof in civil law?
On the balance of probabilities.
What does the original Santa do in "The Santa Clause" that lets Scott Calvin become the new Santa?
He falls off a roof