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Subcontractors
Occupier – person with control over premises
Premises – land, buildings, fixed or movable
structure
Subcontractor – not under control of whom he works
for
Employer not liable for subcontractors tort
CASE Law example
PADBURY v HOLLIDAY AND GREENWOOD (1912)
FACTS: an employee of a contractor engaged to fit
windows, negligently left a hammer lying on a
window sill
...
D were not liable since the tort was
committed by an employee of their independent
contractor
...
Limpus v London General Omnibus Co
...
(1900) –
conductor crashes bus
Trespassers
• The Occupiers Liability Act 1984 covers trespassers
• E
...
BRITISH RAILWAY BOARD v HERRINGTON (1972)
• Facts: BRB’s electrical railway ran near a park used by
children
...
H, aged 6,
got through the fence and was seriously injured when he
touched the live rail
...
Lawful Visitors
Visitor - persons lawfully on the premises
Duty of care is owed to ensure visitors are safe
READ: ROLES v NATHAN (1963)
and
SALMON v SEAFARERS RESTAURANTS (1983)
Children
Must be prepared for children to be less careful than
adults
Very young children occupier is entitled to assume
that they will be accompanied by an adult
...
Harry is driving hi car when suddenly the brakes fail
...
Advise Harry
Tutorial question
Number 2
The noise and vibrations from the Acme Plastics
Ltd’s factory annoy all the residents of Park Road
...
Evans, is particularly
annoyed because on one occasion a piece of hot
plastic waste material from one of the factory
chimneys fell onto his house causing damage to the
roof
...
Evans