WJEC A-Level Law 603-1978-1
Law Making in Wales and the UK
Delegated Legislation
Statutory Interpretation
Judicial Precedent
The Civil Courts and Dispute Resolution
The Criminal Process and the Criminal Courts
Legal Personnel and the Judiciary
Access to Justice and Funding
Tort: Rules and Theory
Tort: Negligence
Tort: Occupiers' Liability
Tort: Remedies
Human Rights: Rules and TheoryHuman rights
Human Rights: Key Convention ProvisionsHuman rights
Human Rights: RestrictionsHuman rights
Human Rights: EnforcementHuman rights
Human Rights: Protection and ReformHuman rights
Contract: Rules and TheoryContract
Contract: FormationContract
Contract: TermsContract
Contract: Misrepresentation and DuressContract
Contract: DischargeContract
Contract: RemediesContract
Criminal Law: Rules and TheoryCriminal
Criminal Law: General Elements of LiabilityCriminal
Criminal Law: Offences Against the PersonCriminal
Criminal Law: Property OffencesCriminal
Criminal Law: DefencesCriminal
Criminal Law: Preliminary OffencesCriminal
Tort: Occupiers' Liability
Occupiers, premises and visitors
- 3 things to know
- AS Unit 2
Overview
Recall questions on the control test for occupation, whether ownership matters, how premises are defined, implied licences, how a visitor becomes a trespasser, and the burden of proof.
What you need to know
Answer each one before you reveal it.
What does each of the Occupiers' Liability Acts 1957 and 1984 cover?
Why was occupiers' liability put on a statutory footing?
Questions from this subtopic
Each one with the model answer underneath.
- 1
Which two statutes govern occupiers' liability?
Model answer
The Occupiers' Liability Act 1957 and the Occupiers' Liability Act 1984.
- 2
What does each Act cover?
Model answer
The 1957 Act governs the duty owed to lawful visitors; the 1984 Act governs the duty owed to trespassers and others not visitors.
- 3
Why was occupiers' liability put on a statutory footing?
Model answer
The common law had developed a set of technical categories of entrant with different duties, which was complex and produced arbitrary results.
- 4
How is an occupier defined?
Model answer
The Acts do not define the term; it takes its common law meaning of the person with a sufficient degree of control over the premises.
- 5
Which case establishes the control test for occupation?
Model answer
Wheat v E Lacon and Co Ltd (1966).
- 6
Can premises have more than one occupier?
Model answer
Yes; anyone with a sufficient degree of control may be an occupier, so a landlord and a manager may both qualify.
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