Shared Flashcard Set

Details

Occupiers Liability
Cases
9
Law
Undergraduate 1
05/20/2013

Additional Law Flashcards

 


 

Cards

Term
Occupier?
Definition
Wheat v Leacon - person who exercises element of control (brewery/licensees)
Harris v Birkenhead - legal control suffice (evicted tenant but didn't possess)
Term
Premises?
Definition
Wheeler v Copas - scaffolding (moveables)
Term
Visitor?
Definition
Calgrath - 'when you invite a person into your house, you do not invite them to slide down the banisters'.
Harvey - implied permission properly
Lowery v Walker - (horse) inaction to trespass = implied
Gould - can limit areas of building
Ferguson v Welsh - authorised invitation by one = visitor
Term
Children
Definition
Glasgow Corp v Taylor - berries
Jolley v Sutton - injury from hut, damage foreseeable
Keown v Coventry - 11y/o fire escape knew what he was doing
Titchener v BRB - 15y/o railway
Phipps v Rochester - duty to keep accompanied children safe
Term
Proffessionals
Definition
Roles v Nathan - chimney appreciate dangers
Ogwo - negligent fire starter not volenti
Term
Warnings
Definition
Staples - hidden risks but wet algae obvious
Term
Limiting Liability
Definition
Unfair Contract Terms Act 1977 - death/PI for business purposes or unreasonable
White v Blackmore - motor racing ropes NO LIABILITY
Term
Independent Contractors
Definition
Gwilliam - inquiring insurance meets necessary standards
Ferguson v Welsh - competent, no need to supervise
Woodward v Mayor of Hastings - check if simple to (snow sweeping)
Haseldine - lift servicing is complex
Term
Non-Visitors 1984
Definition
Donoghue v Folkstone - jumped into harbour = unforeseeable
Revill v Newbury - shot criminal intruder - liable
McGeown v Northern Ireland - priv right of way = trespass
Tomlinson - unsafe use of safe
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