Occupiers’ Liability

What Occupiers’ Liability covers

The duty an occupier owes to those on the premises, whether invited or not.

The 1 subtopics

Each one has its own page.

• Occupiers' liability to visitors and trespassersRecall questions on occupiers and lawful visitors under the 1957 Act, the common duty of care, children and Glasgow Corporation v Taylor, skilled visitors, contractors, warnings and defences, and the duty to trespassers under the 1984 Act, Herrington and Tomlinson v Congleton.Open →

What you need to know

Answer each one before you reveal it.

Take Occupiers’ Liability further

The same content, four other ways.

Commonly confused

Pairs that lose marks when they are blurred together.

• Occupiers' Liability Act 1957 vs Occupiers' Liability Act 1984

  Occupiers' Liability Act 1957: the Act governing the duty owed to lawful visitors. Occupiers' Liability Act 1984: the Act governing the duty owed to trespassers.

• Lawful visitor vs Trespasser

  Lawful visitor: a person with express or implied permission to be on the premises. Trespasser: a person on the premises without permission or exceeding it.

• Occupier vs Premises

  Occupier: the person with sufficient control over a place to be responsible for its safety. Premises: the land, building or structure over which that control is exercised.

Questions from this topic

Each one with the model answer underneath.

1. 1

   Which Act governs an occupier's liability to lawful visitors?

   Model answer

   The Occupiers' Liability Act 1957.

2. 2

   Who is an 'occupier' for the purposes of occupiers' liability?

   Model answer

   A person who has a sufficient degree of control over the premises; there can be more than one occupier (Wheat v E Lacon and Co Ltd).

3. 3

   Who is a 'lawful visitor' under the 1957 Act?

   Model answer

   A person with express or implied permission to be on the premises, or a legal right to be there — including invitees, licensees, contractual visitors and those entering under a legal power such as a meter reader.

4. 4

   What is the common duty of care under the 1957 Act?

   Model answer

   Under s2(2), to take such care as in all the circumstances is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which they are permitted to be there.

5. 5

   What extra consideration applies to child visitors?

   Model answer

   Under s2(3)(a) the occupier must be prepared for children to be less careful than adults, so a higher standard of care may be required.

6. 6

   Which case illustrates the higher duty owed to children, and the idea of an allurement?

   Model answer

   Glasgow Corporation v Taylor, where poisonous berries in a park acted as an allurement to a child.

What is inside Levo

Six ways to work the same material.

Occupiers’ Liability revision questions

What does Occupiers’ Liability cover in OCR A-Level Law?

1 subtopics: occupiers' liability to visitors and trespassers. Each one has its own page with questions and model answers.

How is Occupiers’ Liability organised?

By the OCR H418 specification, subtopic by subtopic, so it matches the order you are taught it in.