Occupiers’ Liability Act 1957 And 1984
Try the multiple choice questions below to test your knowledge on Occupiers’ liability
- 1.1. Which of the following are accurate statements about occupiers? (i) an occupier is a person in control of the premises(ii) an occupier may be someone with legal rather than physical control of the premises(iii) there is no real statutory definition of occupier in either Act(iv) dual occupation is possible for the purposes of the Acts
- A.
All of these statements
- B.
None of these statements
- C.
(i), (ii) and (iv)
- D.
(iii) and (iv)
- 2.Which of the following types of visitor are not covered under the Occupiers’ Liability Acts?
- A.
Invitees
- B.
trespassers
- C.
Those using a public right of way
- D.
Those having a legal right to enter
- 3.Which of the following is the most accurate paraphrase of the scope of the duty owed in s2(2) of the 1957 Act?
- A.
The occupier must make the premises reasonably safe
- B.
The occupier must make the premises reasonably safe for the purpose of the visit
- C.
The occupier must keep the visitor reasonably safe
- D.
The occupier must keep the visitor reasonably safe for the purpose of his visit
- 4.Which of the cases below is the most appropriate precedent to apply in the following scenario? Sam, aged four, is badly injured when he climbs onto a display of wines in an off-licence and the display collapses under him. Sam’s parents have left him unattended while they look for the cheapest whisky.
- A.
Jolley v London Borough of Sutton
- B.
Glasgow Corporation v Taylor
- C.
Phipps v Rochester Corporation
- D.
Roles v Nathan
- 5.Which is the odd one out in the following list of elements which, if proved, may enable an occupier to avoid liability where the damage is caused by the work of an independent contractor?
- A.
It must be reasonable for the occupier to entrust the work to an independent contractor
- B.
The occupier must have chosen a competent contractor for the particular work
- C.
the independent contractor must be insured
- D.
The occupier must have checked the work (provided it is not too technical)
- 6.Identify the group of three words from the list below that accurately fill the gaps in the following statement: An occupier is only liable under the 1984 Act if he is aware of the ……….. or has reasonable grounds to believe it exists; he ……… or has reasonable grounds to believe that the other is in the vicinity of the danger; the risk is one against which, in all the circumstances of the case, he may reasonably be expected to offer the other som
- A.
‘danger’, ‘knows’ and ‘protection’
- B.
‘danger’. ‘believes’ and ‘protection’
- C.
‘risk’, ‘knows’ and ‘protection’
- D.
‘risk’, ‘believes’ and ‘safety’
- 7.In which of the following situations is there likely to be any liability under the Occupier’s Liability Act 1957: (i) Amanda an electric meter reader walks across Brenda’s lawn to pick flowers from a flower bed and is injured when her foot catches in a hole which is invisible because of the length of the grass.(ii) Carter, a roofing contractor, is injured when he falls off the roof while repairing Delia’s pitched roof. Carter has failed to put up safety rails or use roof ladders. (iii) Ewan, a postman, is electrocuted when he rings the doorbell on Frank’s house to get a signature for a recorded delivery letter. Frank has recently wired the doorbell himself.(iv) As he is backing down his drive in his car, George fails to look behind him and carelessly runs over Helen, the paper girl who is delivering the evening paper.
- A.
(i) only
- B.
(ii) and (iv)
- C.
(iii) only
- D.
(iii) and (iv)