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WJEC AS-Level Law 603-1978-1
Law Making in Wales and the UK
Topic overviewLegal rules, sources of law and the rule of lawParliamentary sovereignty, the separation of powers and the Royal PrerogativeThe composition and role of ParliamentThe legislative process at WestminsterThe Senedd and law making in WalesThe devolution settlement and the role of the Supreme CourtInfluences on law making and law reform
Delegated Legislation
Topic overviewThe nature and authority of delegated legislationStatutory instrumentsBy-laws and Orders in CouncilDelegated legislation in Wales and the devolution settlementParliamentary controls on delegated legislationControl by the courts and judicial reviewReasons for delegated legislation and its advantages and disadvantages
Statutory Interpretation
Judicial Precedent
The Civil Courts and Dispute Resolution
The Criminal Process and the Criminal Courts
Topic overviewClassification of offences and the criminal processThe magistrates' courts and the Crown CourtAppeals in criminal casesThe jury at trial: verdicts, secrecy and the coroner's juryCriticisms of and alternatives to the jury systemThe aims and theories of sentencingSentencing powers and the sentencing of youths
Legal Personnel and the Judiciary
Topic overviewBarristers: training, role and rights of audienceSolicitors: training, role and workLegal executives and paralegalsRegulation of the legal professions and the fusion debateThe judiciary: hierarchy, role and selectionJudicial independence, the rule of law and the constitutional positionLay magistrates and district judges
Access to Justice and Funding
Topic overviewAccess to justice and the development of legal aidCivil legal aid: scope and servicesMeans testing, merits testing and the statutory chargeCriminal legal aid and the Public Defender ServiceConditional fee agreements and private fundingAdvice agencies and other sources of helpEvaluating access to justice after the 2012 reforms
Tort: Rules and Theory
Topic overviewThe nature and origins of the law of tortCategories of tort and the interests protectedFault and strict liabilityCorrective justice and the economic justificationRetributive and distributive justice in tortTheories of justice and the balancing of interestsCriticisms of the tort systemReform and alternatives to tort
Tort: Negligence
Tort: Occupiers' Liability
Tort: Occupiers' Liability
- 7 subtopics
- 21 things to know
- AS Unit 2
What Tort: Occupiers' Liability covers
Tort: Occupiers' Liability is examined in AS Unit 2, The Law of Tort. It covers occupiers, premises and visitors, the common duty of care under the 1957 Act, child visitors, skilled visitors, contractors and warnings, liability to trespassers under the 1984 Act, comparing the two Acts and evaluating occupiers' liability.
The 7 subtopics
Each one has its own page. WJEC AS Law students sit this topic in the first year.
- Occupiers, premises and visitorsRecall 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.Open →
- The common duty of care under the 1957 ActRecall questions on what sections 2(1) and 2(2) require, the purpose of the visit, obvious dangers, third parties, regular inspection, and damage to a visitor's property.Open →
- Child visitorsPractical effect of that provision, facts of Glasgow Corporation v Taylor and facts of Phipps v Rochester Corporation.Open →
- Skilled visitors, contractors and warningsFacts of Roles v Nathan, warning that would not discharge the duty and difference between a warning and an exclusion of liability.Open →
- Liability to trespassers under the 1984 ActRecall questions on the position before 1972, the three conditions in section 1(3), the duty under section 1(4), warnings, Tomlinson, and risks from the claimant's own activity.Open →
- Comparing the two ActsMain difference in who is protected by each Act and main difference in the loss recoverable.Open →
- Evaluating occupiers' liabilityArgument that the law encourages defensive land management and reply to that argument.Open →
What you need to know
Answer each one before you reveal it.
Your recallNot started
Key term
Explain how the duty owed to a child visitor is judged, and what the occupier may assume.
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Which two statutes govern occupiers' liability?
Key term
State the common duty of care under section 2(1) of the 1957 Act.
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Which case illustrates the position of a skilled visitor?
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State the main difference in who is protected by each of the Occupiers' Liability Acts 1957 and 1984
Key term
Give the argument that the occupiers' liability scheme is still too complex
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What does each of the Occupiers' Liability Acts 1957 and 1984 cover?
Key term
Give three factors relevant to what reasonable care requires.
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Which case established the principle of allurement?
Key term
What were the facts of Roles v Nathan?
Key term
Who is a trespasser?
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State the main difference in the loss recoverable under the Occupiers' Liability Acts 1957 and 1984
Key term
How has the case law on obvious risks been received?
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Why was occupiers' liability put on a statutory footing?
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How does the purpose of the visit affect the duty?
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What were the facts of Glasgow Corporation v Taylor?
Key term
Does section 2(3)(b) of the Occupiers' Liability Act 1957 remove the duty to a skilled visitor entirely?
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What was the position of trespassers at common law before 1972?
Key term
How do the duties under the Occupiers' Liability Acts 1957 and 1984 differ in how they arise?
Evaluation
What is the reply to the argument that occupiers' liability law encourages a defensive, risk-averse response?
Take Tort: Occupiers' Liability further
The same content, four other ways.
Commonly confused
Pairs that lose marks when they are blurred together.
The Occupiers' Liability Act 1957 vs The Occupiers' Liability Act 1984
The Occupiers' Liability Act 1957: governing the duty to those with permission to be there. The Occupiers' Liability Act 1984: governing the duty to those without it.
Visitor vs Trespasser
Visitor: having express or implied permission to be present. Trespasser: having none or having exceeded what was given.
A warning vs An exclusion of liability
A warning: informing of a danger so it can be avoided. An exclusion of liability: attempting to remove responsibility if harm occurs.
Questions from this topic
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.
What is inside Levo
Six ways to work the same material.
Tort: Occupiers' Liability revision questions
- Is Tort: Occupiers' Liability examined at AS in WJEC Law?
- Yes. It sits in AS Unit 2, which you take in the first year, so it is on the AS paper as well as counting towards the full A level.
- What does Tort: Occupiers' Liability cover in WJEC AS-Level Law?
- 7 subtopics: occupiers, premises and visitors, the common duty of care under the 1957 act, child visitors, skilled visitors, contractors and warnings, liability to trespassers under the 1984 act, comparing the two acts and evaluating occupiers' liability. Each one has its own page with questions and model answers.
- How is Tort: Occupiers' Liability organised?
- By the WJEC 603-1978-1 specification, subtopic by subtopic, so it matches the order you are taught it in.
Every question in Tort: Occupiers' Liability, on a schedule.
Attempt a question from memory, write the correct version, then attempt it again. Levo records the jump between your first attempt and your last, and brings each question back on the day you are due to forget it.
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