What were the facts of Wheat v E Lacon and Co Ltd [1966]?

A paying guest fell down an unlit staircase in a public house run by a manager for a brewery. The House of Lords held that both the brewery and the manager were occupiers, because each had a degree of control.

Can there be more than one occupier of the same premises?

Two or more people may each be an occupier of the same premises at the same time. Each occupier owes a duty measured by the control that person actually had.

Does an occupier have to own the premises?

Ownership is not required, because the test is control rather than title. A tenant, a manager or a contractor in charge of a site may all be occupiers.

What did Harris v Birkenhead Corporation [1976] decide?

A council served a compulsory purchase notice on an empty house but never secured it, and a child fell from a window. The Court of Appeal held the council was the occupier, because it had the legal right to control the house.

How does the Occupiers' Liability Act 1957 define premises?

Section 1(3) of the Occupiers' Liability Act 1957 covers any fixed or movable structure. Premises therefore include a vessel, a vehicle and an aircraft as well as land and buildings.

Eduqas A-Level Law A150QS

Parliamentary and European Law Making

Topic overview Green Papers, White Papers and the making of a Bill The legislative process through Parliament The composition and role of Parliament Influences on Parliament and law making Parliamentary sovereignty The UK constitution, separation of powers and the rule of law The royal prerogative Law reform and the Law Commission European Union institutions and sources of law The impact of European Union law and withdrawal

Delegated Legislation

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Statutory Interpretation

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Judicial Precedent

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Legal Personnel

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Access to Justice and Funding

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Contract: Rules and Theory of Contract LawContract

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Contract: Essential Requirements and FormationContract

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Contract: RemediesContract

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Tort: Rules and Theory of Tort LawTort

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Tort: NegligenceTort

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Tort: Occupiers' LiabilityTort

Topic overview Occupiers, premises and the meaning of control Lawful visitors under the Occupiers' Liability Act 1957 The common duty of care owed to visitors Child visitors and the principle of allurement Skilled visitors and persons exercising a calling Independent contractors and the occupier's position Warnings, exclusion of liability and defences to a visitor's claim Trespassers and the duty under the Occupiers' Liability Act 1984 The standard owed to trespassers and defences under the 1984 Act

Tort: Torts Connected to LandTort

Topic overview Trespass to land: unlawful entry and intention Defences to trespass to land and the remedies available Public nuisance and the class of persons affected Suing in public nuisance: special damage and the Attorney-General Private nuisance: the parties and the interference Unreasonable user: locality, duration and utility Abnormal sensitivity and the effect of malice Specific defences to nuisance: prescription and statutory authority Rylands v Fletcher: the elements of the rule Specific defences to Rylands v Fletcher

Tort: Vicarious LiabilityTort

Topic overview The nature of vicarious liability The purpose of vicarious liability and the arguments about it Tests for the status of employment: control and integration The economic reality test and the modern multiple test Relationships akin to employment Scope of employment: authorised acts done in an unauthorised way Frolic of his own, detours and journeys Intentional wrongdoing and the close connection test Independent contractors and unusually hazardous activities

Tort: Defences and RemediesTort

Topic overview Volenti non fit injuria: the elements of the defence Volenti, rescuers and employees Volenti in road traffic cases and the defence of illegality Contributory negligence and the Law Reform (Contributory Negligence) Act 1945 Applying contributory negligence: seat belts, children and emergencies Defences and remedies in claims connected to nuisance and Rylands v Fletcher Compensatory damages in tort Assessing personal injury damages and mitigation of loss Injunctions and other remedies in tort

Criminal Law: Rules and TheoryCriminal

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Criminal Law: General Elements of LiabilityCriminal

Topic overview Actus reus: conduct, consequences and states of affairs Voluntary and involuntary conduct Liability for omissions Factual causation Legal causation and intervening acts Intention: direct and oblique Recklessness, negligence and transferred malice Coincidence of actus reus and mens rea Strict liability and the Gammon tests

Criminal Law: Offences Against the PersonCriminal

Topic overview Murder: elements and malice aforethought Voluntary manslaughter: loss of control Voluntary manslaughter: diminished responsibility Unlawful act manslaughter Gross negligence manslaughter Assault Battery Actual bodily harm under section 47 Malicious wounding and grievous bodily harm under section 20 Wounding and grievous bodily harm with intent under section 18

Criminal Law: Property OffencesCriminal

Topic overview Theft: appropriation Theft: property Theft: belonging to another Theft: dishonesty Theft: intention permanently to deprive Robbery Burglary with intent under section 9(1)(a)Burglary by theft or grievous bodily harm under section 9(1)(b)Buildings, dwellings and trespass in burglary

Criminal Law: Capacity DefencesCriminal

Topic overview Insanity: the M'Naghten rules Disease of the mind and the internal cause test The special verdict and disposal after insanity Non-insane automatism Self-induced automatism Voluntary intoxication by alcohol Intoxication by drugs and involuntary intoxication Specific and basic intent offences Drunken mistake and criticism of the capacity defences

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Topic overview Mistake as a defence Self-defence and the prevention of crime Reasonable force and householder cases Duress by threats and the Graham test Limits on duress: murder, association and evasive action Duress of circumstances Necessity Consent Attempt: the actus reus and more than merely preparatory Attempt: mens rea and impossible attempts

Human Rights: Rules and TheoryHuman rights

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Human Rights: Convention ProvisionsHuman rights

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Human Rights: Restrictions on Convention RightsHuman rights

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Human Rights: EnforcementHuman rights

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The Nature of Law

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Tort: Occupiers' Liability

Occupiers, premises and the meaning of control

3 things to know
Components 2 and 3

Overview

Wheat v E Lacon on who occupies, multiple occupiers, occupation without ownership, how widely premises is defined, and the line between the state of the land and the activities carried on there.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Numbers

Who is an occupier for the purposes of the Occupiers' Liability Acts?

Key term

What is the difference between occupancy liability and activity liability?

Key term

What must a claimant prove in any occupiers' liability claim?

Questions from this subtopic

Each one with the model answer underneath.

1
Who is an occupier for the purposes of the Occupiers' Liability Acts?
Model answer
The Occupiers' Liability Act 1957 does not define an occupier. Wheat v E Lacon and Co Ltd [1966] supplied the test of control. An occupier is anyone with a sufficient degree of control over the premises.
2
What were the facts of Wheat v E Lacon and Co Ltd [1966]?
Model answer
A paying guest fell down an unlit staircase in a public house run by a manager for a brewery. The House of Lords held that both the brewery and the manager were occupiers, because each had a degree of control.
3
Can there be more than one occupier of the same premises?
Model answer
Two or more people may each be an occupier of the same premises at the same time. Each occupier owes a duty measured by the control that person actually had.
4
Does an occupier have to own the premises?
Model answer
Ownership is not required, because the test is control rather than title. A tenant, a manager or a contractor in charge of a site may all be occupiers.
5
What did Harris v Birkenhead Corporation [1976] decide?
Model answer
A council served a compulsory purchase notice on an empty house but never secured it, and a child fell from a window. The Court of Appeal held the council was the occupier, because it had the legal right to control the house.
6
How does the Occupiers' Liability Act 1957 define premises?
Model answer
Section 1(3) of the Occupiers' Liability Act 1957 covers any fixed or movable structure. Premises therefore include a vessel, a vehicle and an aircraft as well as land and buildings.

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