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46 Cards in this Set
- Front
- Back
- 3rd side (hint)
Section 2 OLA 1995? |
Visitors: by permission includes entrants as of right and entrants by virtue of contract. Basically lawful entrants |
What it includes |
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What section contains the duty owed to visitors? |
Section 3: to take such care as is reasonable in all the circumstances.. The common duty of care, based on reasonableness |
Sta |
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Standard of care? (Visitors) |
Non absolute duty: factors to consider are self responsibility and supervision |
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Heaves v Westmeath CoCo. 2001 |
System adequate, no liability imposed |
Belvedere |
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Heaves v Westmeath CoCo. 2001 |
System adequate, no liability imposed |
Belvedere |
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Power v gov cork prison 2005 |
A cheap solution of a non slip mat would have reduced risk ... Liability imposed |
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Heaves v Westmeath CoCo. 2001 |
System adequate, no liability imposed |
Belvedere |
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Power v gov cork prison 2005 |
A cheap solution of a non slip mat would have reduced risk ... Liability imposed |
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Vega v Cullen |
Social guest, failed to take proper self responsibility, CN . Cullen ought to have foreseen danger CN 30% |
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Heaves v Westmeath CoCo. 2001 |
System adequate, no liability imposed |
Belvedere |
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Power v gov cork prison 2005 |
A cheap solution of a non slip mat would have reduced risk ... Liability imposed |
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Vega v Cullen |
Social guest, failed to take proper self responsibility, CN . Cullen ought to have foreseen danger CN 30% |
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Newman v Cogan 2012 |
No liability imposed, o'neill j 'One cannot expect a householder to have knowledge of the glass trade |
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Recreational users |
With/without permission, implied invitation (free of charge) purpose must be recreation |
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Recreational users |
With/without permission, implied invitation (free of charge) purpose must be recreation |
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What duty is owed to rec users? |
S.4 avoid intentionally injuring and to avoid acting with reckless disregard for their safety |
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Recreational users |
With/without permission, implied invitation (free of charge) purpose must be recreation |
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What duty is owed to rec users? |
S.4 avoid intentionally injuring and to avoid acting with reckless disregard for their safety |
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Section 4(4)? |
Requires safe structures |
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Recreational users |
With/without permission, implied invitation (free of charge) purpose must be recreation |
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What duty is owed to rec users? |
S.4 avoid intentionally injuring and to avoid acting with reckless disregard for their safety |
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Section 4(4)? |
Requires safe structures |
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Section 4(2) |
1.Regard to circumstances 2.nature of danger 3. Character of premises 4. Conduct of the entrants 5. Any warnings 6. Supervision |
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Weir Rodgers v sf trust 2005 |
SC overturned HC decision, question ought to have been whether objective reckless disregard. Held in favour of the D, danger was inherent |
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Weir Rodgers v sf trust 2005 |
SC overturned HC decision, question ought to have been whether objective reckless disregard. Held in favour of the D, danger was inherent |
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Tomlinson 2004 |
Rocks at the bottom, no liability, self responsibility, inherent risk |
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Weir Rodgers v sf trust 2005 |
SC overturned HC decision, question ought to have been whether objective reckless disregard. Held in favour of the D, danger was inherent |
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Tomlinson 2004 |
Rocks at the bottom, no liability, self responsibility, inherent risk |
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Lynskey v minister for arts..... |
Occupier couldn't be liable for every conceivable danger |
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T |
T |
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Trespassers: |
Defined negatively as entrants who are not visitors or recreational users. |
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Trespassers: |
Defined negatively as entrants who are not visitors or recreational users. |
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What duty owed to trespassers? |
The same as recreational users, to avoid intentionally injuring and acting with reckless disregard for their safety |
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Trespassers: |
Defined negatively as entrants who are not visitors or recreational users. |
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What duty owed to trespassers? |
The same as recreational users, to avoid intentionally injuring and acting with reckless disregard for their safety |
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What standard of care is owed |
Section 4(2) regard to all the circumstances (the 6 in rec users) |
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Trespassers: |
Defined negatively as entrants who are not visitors or recreational users. |
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What duty owed to trespassers? |
The same as recreational users, to avoid intentionally injuring and acting with reckless disregard for their safety |
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What standard of care is owed |
Section 4(2) regard to all the circumstances (the 6 in rec users) |
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S.4 (3)? |
Removes liability for those entering for criminal purpose or who decide to commit crime while present. |
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Name the case for trespassing? |
Williams v TP Construction ltd. 2002 : arrived unannounced to inspect. Thus a trespasser. Min duty owed not broken |
Wallace recycling |
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What is reckless conduct? |
Conduct that is more than careless |
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Section 5(2) |
Restriction/modification of liability for visitors by express agreement/notice |
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What must be met in restricting duty? |
Restriction is reasonable in all the circumstances Taken steps to bring the notice to the attention of visitors |
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Liability for acts of ic's |
Section 7 not liable for negligence of IC, providing competent ICs hired |
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Defences? |
Section 8 OLA doesn't affect self defence, defence of property. CN can be pleaded but construed strictly |
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