Question 1

Can an occupier use a warning notice to exclude liability under the 1957 Act for injuries negligently caused by the state of their premises?

Accepted Answer

A)   Yes
B)   No
C)   It depends

Question 2

The Occupiers' Liability Act 1984 typically applies to which category of claimant? Please select all that apply.

Accepted Answer

A)   Children taking an unauthorized short cut on their way home from school
B)   A dinner party guest who sneaks a look at the host's private art collection
C)   A group of students who break into in an empty flat to hold a party
D)   A group of teenagers hanging out near the train track just outside their village A,B,C,D

Question 3

The following quote is from which case?
'[I]t is not, and should never be, the policy of the law to require the protection of the foolhardy or reckless few to deprive, or interfere with, the enjoyment by the remainder of society of the liberties and amenities to which they are rightly entitled. Does the law require that all trees be cut down because some youths may climb them and fall? Does the law require the coastline and other beauty spots to be lined with warning notices? Does the law require that attractive waterside picnic spots be destroyed because of a few foolhardy individuals who choose to ignore warning notices and indulge in activities dangerous only to themselves? The answer to all these questions is, of course, no'

Accepted Answer

A)   Rhind v Astbury Water Park Ltd
B)   Tomlinson v Congleton Borough Council
C)   Darby v National Trust
D)   Gwilliam v West Hertfordshire Hospital NHS Trust

Question 4

Ben, a keen mountain biker, leaves his bike on the pavement propped up against his garden wall. Unfortunately, unknown to Ben, it is knocked over by a passer-by so that it is blocking the pavement. Helen trips over it on her way to visit Ben, seriously injuring her ankle. Does Helen have a claim under either of the Occupiers' Liability Acts?

Accepted Answer

A)   Yes, Helen has a claim under the Occupiers' Liability Act 1957
B)   Yes, Helen has a claim under the Occupiers' Liability Act 1984
C)   No, Helen does not have a claim under either of the Occupiers' Liability Acts

Question 5

Which of the following is not condition which needs to be established in order for an occupier to owe a duty of care to a non-visitor?

Accepted Answer

A)   The occupier is aware of the danger or has reasonable grounds to believe that it exists.
B)   The occupier has failed to take reasonable steps to ensure that someone who comes within the vicinity of the danger is safe.
C)   The occupier knows, or has reasonable grounds to believe that someone is, or may come, in the vicinity of the danger
D)   The risk is one against which, in all the circumstances of the case, the occupier may reasonably be expected to offer some protection.

Question 6

Match For each of the following cases name the highest court reached or complete the case name.
-Revill v

Accepted Answer

A)   HL
B)   CA
C)   Sutton LBC
D)   Newberry D

Question 7

Match For each of the following cases name the highest court reached or complete the case name.
-Gwilliam v West Hertfordshire Hospital NHS Trust

Accepted Answer

A)   HL
B)   CA
C)   Sutton LBC
D)   Newberry

Question 8

Match For each of the following cases name the highest court reached or complete the case name.
-Tomlinson v Congleton BC

Accepted Answer

A)   HL
B)   CA
C)   Sutton LBC
D)   Newberry

Question 9

According to the Occupiers' Liability Act 1957, an occupier is

Accepted Answer

A)   The person(s)  who lives in the premises.
B)   The person(s)  who owns the premises.
C)   The person(s)  who exercises a sufficient degree of control over the premises.
D)   The person(s)  who lives and owns the premises.

Question 10

Occupiers owe children a special duty of care under the 1957 Occupiers' Liability Act.

Accepted Answer

A) True 
 B)False  False

Question 11

The 'common duty of care' owed to all lawful visitors is found in which section of which Occupiers' Liability Act?

Accepted Answer

A)   s 2(1)  Occupiers' Liability Act 1984
B)   s 2(1)  Occupiers' Liability Act 1957
C)   s 1(4)  Occupiers' Liability Act 1984
D)   s 1(4)  Occupiers' Liability Act 1957

Question 12

Match For each of the following cases name the highest court reached or complete the case name.
-Jolley v

Accepted Answer

A)   HL
B)   CA
C)   Sutton LBC
D)   Newberry

Question 13

Under the Occupiers' Liability Act 1957, when will a warning be sufficient to discharge an occupier's duty to a particular visitor?

Accepted Answer

A)   Where an occupier has, in relation to the relevant circumstances, restricted, excluded, or otherwise modified their duty to the visitor.
B)   Where, in all the circumstances, it is enough to ensure that the premises are reasonably safe
C)   Where, in all the circumstances, it is enough to ensure that the visitor is reasonably safe
D)   Where, in all the circumstances, the occupier has taken reasonable steps to bring the danger to the visitor's attention

Exam 11: Occupiers Liability

Can an occupier use a warning notice to exclude liability under the 1957 Act for injuries negligently caused by the state of their premises?

Correct Answer
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The Occupiers' Liability Act 1984 typically applies to which category of claimant? Please select all that apply.

Correct Answer
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A,B,C,D

Correct Answer
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Correct Answer
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Which of the following is not condition which needs to be established in order for an occupier to owe a duty of care to a non-visitor?

Correct Answer
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Match For each of the following cases name the highest court reached or complete the case name. -Revill v

Correct Answer
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D

Match For each of the following cases name the highest court reached or complete the case name. -Gwilliam v West Hertfordshire Hospital NHS Trust

Correct Answer
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Match For each of the following cases name the highest court reached or complete the case name. -Tomlinson v Congleton BC

Correct Answer
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According to the Occupiers' Liability Act 1957, an occupier is

Correct Answer
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Occupiers owe children a special duty of care under the 1957 Occupiers' Liability Act.

Correct Answer
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False

The 'common duty of care' owed to all lawful visitors is found in which section of which Occupiers' Liability Act?

Correct Answer
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Match For each of the following cases name the highest court reached or complete the case name. -Jolley v

Correct Answer
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Under the Occupiers' Liability Act 1957, when will a warning be sufficient to discharge an occupier's duty to a particular visitor?

Correct Answer
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Exam 11: Occupiers Liability

Can an occupier use a warning notice to exclude liability under the 1957 Act for injuries negligently caused by the state of their premises?

Correct AnswerverifiedShow Answer

The Occupiers' Liability Act 1984 typically applies to which category of claimant? Please select all that apply.

Correct AnswerverifiedA,B,C,D

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Which of the following is not condition which needs to be established in order for an occupier to owe a duty of care to a non-visitor?

Correct AnswerverifiedShow Answer

Match For each of the following cases name the highest court reached or complete the case name. -Revill v

Correct AnswerverifiedD

Match For each of the following cases name the highest court reached or complete the case name. -Gwilliam v West Hertfordshire Hospital NHS Trust

Correct AnswerverifiedShow Answer

Match For each of the following cases name the highest court reached or complete the case name. -Tomlinson v Congleton BC

Correct AnswerverifiedShow Answer

According to the Occupiers' Liability Act 1957, an occupier is

Correct AnswerverifiedShow Answer

Occupiers owe children a special duty of care under the 1957 Occupiers' Liability Act.

Correct AnswerverifiedFalse

The 'common duty of care' owed to all lawful visitors is found in which section of which Occupiers' Liability Act?

Correct AnswerverifiedShow Answer

Match For each of the following cases name the highest court reached or complete the case name. -Jolley v

Correct AnswerverifiedShow Answer

Under the Occupiers' Liability Act 1957, when will a warning be sufficient to discharge an occupier's duty to a particular visitor?

Correct AnswerverifiedShow Answer

Correct Answer
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Correct Answer
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A,B,C,D

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D

Correct Answer
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Correct Answer
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False

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Correct Answer
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