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Occupiers’ Liability

Occupiers' liability to visitors and trespassers

  • 7 things to know
  • Component 2

Overview

Recall 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.

What you need to know

Answer each one before you reveal it.

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Key term

How does the duty owed to a lawful visitor differ from the one owed to someone with no permission to be there?

Key term

When does an occupier owe a trespasser a duty under the 1984 Act, and how can it be discharged?

Key term

When does an occupier owe a duty to a trespasser under s1(3) of the 1984 Act?

Numbers

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

Key term

What extra consideration applies to child visitors?

Key term

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

Key term

What defences are available under the Occupiers' Liability Act 1957?

Questions from this subtopic

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.

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