Occupiers' Liability

Introduction

This chapter focuses on **occupiers' liability**. Occupiers' liability combines **statute law** and the **common law of negligence** to form a package of obligations imposed on the occupier of premises. The **Occupiers' Liability Act 1957** (the 1957 Act) and the **Occupiers' Liability Act 1984** (the 1984 Act) have intervened to provide some of the applicable law, even though claims against occupiers are filed within the framework of negligence. The **1957 Act** regulates an occupier's obligations to **'visitors'**, while the **1984 Act** regulates an occupier's duties to those persons who are **not 'visitors'** (mostly **trespassers**).

Assessment focus

For the SQE1 FLK1 assessment you need to be able to **identify the correct Act** on the facts (1957 Act for visitors; 1984 Act for non-visitors/trespassers), define the key terms **'occupier'** and **'premises'**, and apply the **common duty of care** under s. 2 of the 1957 Act — including the **special categories** of children (s. 2(3)(a)) and skilled visitors (s. 2(3)(b)) and the rules on **independent contractors** (s. 2(4)(b)). You must also know the three **statutory conditions** for a duty to a trespasser under s. 1(3) of the 1984 Act, the **bar on property damage** (s. 1(8)), and the available **defences** (volenti, contributory negligence and exclusion clauses, read with the **Unfair Contract Terms Act 1977** and the **Consumer Rights Act 2015**). Questions are single best answer questions set in **realistic client-based scenarios**; you will be expected to **apply the law to facts** rather than simply recall definitions. This is a closed-book assessment.

Study tips

1) First **classify the entrant**: a **visitor** (1957 Act) has express or implied permission; a **non-visitor / trespasser** (1984 Act) does not. 2) There is **no statutory definition of 'occupier'** — the test is **control** (Wheat v E Lacon & Co Ltd), and **dual occupation** is possible. 3) Memorise the **two special visitor categories** under s. 2(3): **children** (must expect them to be less careful — Glasgow Corporation v Taylor) and **skilled visitors** (may expect them to guard against ordinary risks of their trade — Roles v Nathan [1963] 1 WLR 1117). 4) For **independent contractors** (s. 2(4)(b)) the occupier escapes liability if it was reasonable to entrust the work, a **competent** contractor was chosen, and (where possible) the work was **checked** — Haseldine v CA Daw & Son Ltd; Woodward v Mayor of Hastings. 5) For trespassers, learn the **three s. 1(3) conditions** word-for-word and remember **no recovery for property loss** (s. 1(8)). 6) On **exclusion clauses**, the duty cannot be excluded for **death or personal injury** caused by negligence in the course of a business — under **UCTA 1977, s. 2(1)** (business-to-business liability) and, where the visitor is a consumer, under the **Consumer Rights Act 2015, s. 65** (consumer contracts and notices).