TORT LAW OCCUPIERS LIABILITY PART 1 MCT

Question 1

An occupier owes a common duty of care under the Occupiers' Liability Act 1957 to:

a) Make the premises safe for any lawful visitors

b) Avoid negligence
c) Remediate any hazards on the premises
d) Make the visitor reasonably safe on the premises
Question 2

An 'allurement' is something which is?

a) Shiny
b) Fatal and fascinating to a child
c) Attractive
d) Not maintained properly
Question 3

Tarik hires Corgi Co to service a range of gas fuelled storage heaters in his offices.
Unfortunately, the two employees of Corgi, Ashok and Kamil, fail to switch off the
gas whilst carrying out the service work. Ashok and Kamil suffer from personal injury
as a result of carbon monoxide poisoning. They sue Tarik. Tarik will be:

a) Liable as the incident occurred on his premises

b) Liable as he should have been supervising the skilled job
c) Liable but damages will be reduced due to contributory negligence
d) Not liable as Ashok and Kamil were skilled visitors
Question 4

The general rule is that an occupier of a premises will be liable for dangers created
by independent contractors. True or false?
a) True
b) False

Question 5

Which case discussed ‘When you invite a person into your house to use the stairs,
you do not invite him to slide down the bannisters’?
a) The Calgarth [1927]
b) British Railways Board v Herrington [1972]
c) Glasgow Corp v Taylor [1922]
 d) Tomlinson v. Congleton District Council [2003]

Question 6

Which group of people are not discussed under the Occupiers' Liability Act 1957?

a) Children
b) Visitors with implied permission
c) Licensees through operation of law
d) Trespassers

Question 7

The Skilled visitors defence is in which section of the Occupiers' Liability Act 1957?

a) S2(2)(a)
b) S2(3)(a)
c) S2(3)(b)
d) S2(4)(a)

Question 8

Which case is the key authority for defining an occupier?

a) Wheat v Lacon [1966]

b) Darby v National Trust [2001]
c) Roles v Nathan [1963]
d) Jolley v Sutton London Borough Council [2000]

Question 9

An occupier must be prepared for a child visitor to be less careful than adults. Which
statutory provision contains this principle:

a) S2(3)(a)
b) S3(2)(a)
c) S3(2)(b)
d) S2(3)(b)

Question 10

s.2(4)(a) Occupiers Liability Act 1957 relates to which of the following issues:
a) Warning signs
 b) Children
c) Skilled visitors
d) Independent contractors

Question 11

What constitutes premises in relation to occupiers’’ liability?

a) Any tangible property
b) Any fixed or moveable structure
c) Only immovable structures
d) Land, buildings and fixed abodes

Question 12

Occupiers may provide warnings in an effort to make the visitor reasonably safe. For
a warning to be effective it must:
a) State ‘danger’
b) Exclude liability
c) Be sufficient to keep the visitor reasonably safe
d) Show images of the danger

Question 13

Which case concerns an occupiers’ duty to a skilled visitor?

a) Revill v. Newbury [1996]

b) Roberts v. Ramsbottom [1980]
c) Reeves v. Commissioner of Police for the Metropolis [2000]
d) Roles v. Nathan [1963]

Question 14

What was the allurement to children in Jolley v. Sutton LBC [2000] 1 WLR 1082
(HL):

a) A poisonous berry
b) An abandoned boat
c) A pot of hot chocolate
d) An empty caravan
Question 15

Which case is authority for the principle that actual physical possession is
unnecessary for establishing whether the defendant is an occupier?
 a) Wheat v Bacon
b) Wheat v Lacon
c) Harris v Birkenhead Corp
d) Darby v National Trust
Question 16

Which case concerns the extent of an Occupiers responsibility for work carried out
by an independent contractor?
a) Hazeldine v CA Daw and Sons [1941]
b) Phipps v Rochester Corp [1995]
c) Roles v Nathan [1963]
d) Jolley v Sutton [2000]