The law relating to tripping, slipping and occupiers liability. Level 4. Credit value 7. Knowledge, understanding and skills.

Similar documents
The learner can: 1.1 Distinguish between the civil and criminal jurisdiction. 1.2 Explain the scope of civil litigation.

The learner can: 1.1 Find a statute using online resources. 1.2 Describe the relevance of the name and date of a statute

The learner can: 1.1 Explain the requirements of a lawful arrest.

The learner can: 1.1 Explain the requirements of a lawful arrest.

The learner can: 1.1 Explain the requirements of a lawful arrest.

This specification is for 2011 examinations

1.2 Explain the nature of an actus reus. 1.4 Identify principal types of mens rea. 1.5 Explain the meaning and significance of transferred malice.

1.1 Explain when it is necessary and appropriate to make an interim application to the court

The learner can: 1.1 Explain a will and codicil as distinct from other legal documents.

The learner can: 1.1 Explain a will and codicil as distinct from other legal documents.

The Enterprise and Regulatory Reform Act 2013

COASTAL ACCESS: Summary of relevant duties and liabilities. Introduction

Cambridge International Examinations Cambridge International Advanced Subsidiary and Advanced Level. Published

In cases where there is no Protocol in place then parties are expected to abide by the guidelines set down in Section III of the PDPAC and Annex A.

Assessment criteria. The learner can: 1.1 Explain a will and codicil as distinct from other legal documents

Checklist XX - Sources of Municipal and Personal Liability and Immunity. Subject matter MA COTA Maintenance of highways and bridges

Specimen. Specimen. Specimen. Specimen. pecimen

Cambridge International Examinations Cambridge International Advanced Subsidiary and Advanced Level. Published

Liability for Injuries Caused by Dogs. Jonathan Owen

Preparing and Trying Negligence Cases

General Police Duties

AMENDMENTS TO THE HEAVY VEHICLE NATIONAL LAWS: SIMPLIFYING THE LAW, INCREASING THE PENALTIES

THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 15 CIVIL LITIGATION *

LAW REVIEW JANUARY 1987 MUST LANDOWNER PROTECT MOONING REVELER FROM HIMSELF? James C. Kozlowski, J.D., Ph.D James C.

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P

Answer A to Question 10. To prevail under negligence, the plaintiff must show duty, breach, causation, and

But Baby, it s Bad Out There? Claims Arising from Ice on Private Premises. By Philip Turton

CIVIL PROCEEDINGS: BURDEN AND STANDARD OF PROOF

Chief Examiner s Report

TITLE 9 BUSINESS REGULATIONS AND LICENSING BUSINESS REGULATIONS AND LICENSING 1

DOLMANS INSURANCE BULLETIN

COMPLIANCE AND ENFORCEMENT

James Gelsthorpe. DX: Leeds Park Square T: +44 (0) E: F: +44 (0)

IN THE HIGH COURT OF JUSTICE. MARITIME LIFE INSURANCE COMPANY LIMITED Defendant

BED TIME FOR HOLDEN? THE LOCAL STANDARDS ARGUMENTS IN A POST EVANS v KOSMAR LANDSCAPE.

Olympic College Safety Committee Charter

JANUARY 1998, NRPA LAW REVIEW DANGEROUS TREES POSE A FORESEEABLE RISK OF INJURY

Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. General Principles of Liability

MARK SCHEME for the October/November 2013 series 9084 LAW. 9084/42 Paper 4, maximum raw mark 75

Case study OLA Why was his claim under OLA 1957 rejected? 2. What was the alternative claim? 3. What did the first court decide?

This specification is for 2013 examinations

ASSOCIATION OF PERSONAL INJURY LAWYERS SCOTLAND Standard of competence for Senior Litigators

CHESHIRE EAST COUNCIL

SUMMARY OF DUTIES AND POWERS IN RESPECT OF TACKLING ILLEGAL WASTE MANAGEMENT AND FLY-TIPPING FOR THE AGENCY AND LOCAL AUTHORITIES

1.2 Distinguish between common law and equity. 1.3 Distinguish between civil law and criminal law

[Cite as Ahmad v. AK Steel Corp., 119 Ohio St.3d 1210, 2008-Ohio-4082.]

IC Chapter 4. Signals at Railroad Grade Crossings

STATE OF MICHIGAN COURT OF APPEALS

OCCUPIERS LIABILITY ACT

IN THE SUPREME COURT OF BRITISH COLUMBIA

Guidance on the Investigating Committee s power to review a warning

STATE OF MICHIGAN COURT OF APPEALS

Civil Liability Amendment (Personal Responsibility) Act 2002 No 92

Third District Court of Appeal State of Florida

PERSONAL INJURY CLAIMS

Occupiers' Liability Act (Northern Ireland) 1957

But Baby, it s Cold Outside? Claims Arising from Ice on the Highway. By Philip Turton

London Olympic Games and Paralympic Games Bill

ORDINANCE NO. C-14-38

Slippers and Trippers

PERSONAL INJURY CLAIMS

AREA SERVICE SYSTEM LEVEL B ROAD CLASSIFICATION

Commissioning Director for Environment

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

JUDGMENT. Meyer (Appellant) v Baynes (Respondent)

MARK SCHEME for the October/November 2012 series 9084 LAW. 9084/41 Paper 4, maximum raw mark 75

Protection work is only required when the relevant building surveyor (RBS) determines that it is necessary.

POLICE AND CRIMINAL EVIDENCE ACT 1984 CODE G CODE OF PRACTICE FOR THE STATUTORY POWER OF ARREST BY POLICE OFFICERS

A-level LAW COMPONENT CODE

Jeopardy. Road Commission Jeopardy. Charles F. Behler Smith, Haughey, Rice & Roegge, PC. Mark D. Jahnke Specialty Claims Services, Inc. Who Am I?

Health and Safety legal update HHSEG February John Mitchell Partner, Regulatory Risk & Compliance

RSPH Level 5 Certificate in Adjudication in the Construction Industry

1.1 Identify and explain the legal tests for establishing an employer/employee relationship

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY

ONTARIO SUPERIOR COURT OF JUSTICE. ) ) Plaintiffs ) ) ) Defendant ) ) DECISION ON MOTION:

APPENDIX C EXCESS MAINTENANCE AGREEMENT EXCESS MAINTENCE AGREEMENT (SINGLE USER), 20. Phone Number(s):

Children Cases and the Recovery of a Success Fee CPR 47, CPR 21, PD21 and PD46

New South Wales. OCCUPATIONAL HEALTH AND SAFETY ACT 1983 No 20. Justices Legislation Amendment (Appeals) Act 1998 No 137

Duties of Roads Authorities recent cases. Robert Milligan QC

9084 LAW. 9084/43 Paper 4, maximum raw mark 75

AS LAW COMPONENT CODE

Trespass. Version : Page 1 of 19

Cambridge Assessment International Education Cambridge International Advanced Subsidiary and Advanced Level. Published

CODE OFFICIAL LIABILITY

DOLMANS INSURANCE BULLETIN

Appealing against civil penalties imposed for employing illegal migrant workers

RULES OF THE INDEPENDENT ARBITRATION SCHEME FOR THE GLASS & GLAZING INDUSTRY September 2015 Edition

What is a statute of repose? Why is it good for me?

Insight from Horwich Farrelly s Large & Complex Injury Group

TOWN OF BEAUMONT BYLAW #837-14

McCabe v Avalon Bay Communities Inc 2018 NY Slip Op 33108(U) November 30, 2018 Supreme Court, New York County Docket Number: /2016 Judge:

Climbing & Occupiers Liability. reassurance for landowners, managers & users

London Olympics Bill

Public Authorities and Private Individuals - What Difference?: Romeo v Consemtion Commission of the

INTERROGATORIES TO DEFENDANT. 1. State your full name, your present address, and date of birth.

Sample. Aims of this Chapter. 2.1 Introduction. Outline

LIABILITY UNDER THE TEXAS TORT CLAIMS ACT

Guidance on the Registrar s Rule 9 power of review (July 2017)

JOANN E. LEWIS OPINION BY JUSTICE A. CHRISTIAN COMPTON v. Record No November 1, 1996

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COMMERCE, TEXAS:

Transcription:

Title The law relating to tripping, slipping and occupiers liability Level 4 Credit value 7 Learning outcomes The learner will: Assessment criteria The learner can: Knowledge, understanding and skills 1 Understand the scope of the liability under the Highways Act 1980 1.1 Define what a highway is 1.1 A highway is a way over which there exists a public right of passage for all subjects and at all seasons, to pass freely without let or hindrance; Ex p Lewis (1888) 21 QBD 1.2 Evaluate the duty to maintain the highway 1.2 Highways Act 1980 ( HA 1980 ); is it maintainable at the public expense? (s36 HA 1980); then there is a duty to maintain; note the liability in respect of snow and ice s41(1a) 2 Understand the test for breach of the obligation to maintain under the Highways Act 1980 2.1 Describe the test posed by Section 41 HA 1980 2.1 Interpret the words read into s41 HA 1980 not dangerous for traffic ; apply the Mills v Barnsley (1992) test; dangerous to traffic; note a real source of danger ; note there must be a real foresight of harm; Meggs v Liverpool (1968) measurements; danger created by failure to maintain - injury resulted Page 1 of 5

2.2 Explain what evidence is required to establish a breach of duty under section 41 HA 1980 2.3 Apply the law relating to maintaining the highways to a given situation 2.2 photographs, measurements, statements (claimant, witnesses, people with knowledge of condition), medical records, inspection records 2.3 Application of law relating to maintaining the highways to a complex scenario 2.4 Evaluate the section 58 HA 1980 defence 2.4 Onus upon highway authority to show that it had used reasonable care; such care as was reasonably required to secure that...the highway...was not dangerous for traffic (s581); factors to be considered; character of highway and nature of traffic; question of different standards for different types of highway; appropriate standard of maintenance; reasonable state of repair; actual and constructive knowledge; questions of inspection: Day v Suffolk (2007); questions of delay: Rogers v National Assembly (2004); warnings given 3 Understand the scope of the liability of a statutory undertaker concerning the highway 2.5 Advise on whether the section 58 HA 1980 defence is established on the facts of a given case 3.1 Analyse the steps required in bringing a claim against a statutory undertaker in respect of work done to the highway 3.2 Apply knowledge of the scope of the liability of a statutory undertaker concerning the highway to a given situation 2.5 Apply law of section 58 HA 1980 defence a complex scenario 3.1 The duty of care required of a statutory undertaker: Brett v Lewisham LBC (1999); use of the New Roads and Streets Act 1991 to support a claim; dealing with cases of concurrent liability 3.2 Application to a complex scenario Page 2 of 5

4 Understand the basis on which a claim for a supermarket slip or trip will succeed 4.1 Analyse the duty of supermarket as an occupier of premises 4.2 Explain the basis for the rule in Ward v Tesco (1976) and how it assists the claimant 4.3 Explain what arguments may be run by a defendant 4.4 Apply a knowledge of the law relating to a supermarket trip or slip to a given situation 4.1 Provided that the shopper is a visitor then the common duty of care of the occupier applies; but the practicalities are governed by self-contained rules 4.2 The rule in Ward v Tesco (1976); was the event one which ought not to occur in a well-managed supermarket; if so the evidential burden shifts to the defendant 4.3 Arguments that: - The defendant did not cause the accident - There was a proper system in place - The system was operated by competent staff - The accident would have happened anyway 4.4 Application of the law relating to a supermarket trip or slip to a complex scenario 5 Understand the key features of the Occupiers Liability Acts (OLA) 1957 and 1984 5.1 Explain the statutory provisions 5.1 OLA 1957, OLA 1984: what premises are; whether there are premises within the meaning of the Acts on the facts of a given case; what an occupier is and how to apply this classification 5.2 Advise on whether a person is within the scope of the Acts on the facts of a given case 5.2 Definition of whether a person is a visitor or nonvisitor or does not fall within the scope of the Acts on the facts of a given case; the categories of visitor and non-visitor and how to apply these classifications; the doctrine of obvious danger in relation to both Acts and how to apply it; whether there is an obvious danger within the meaning of the Acts on the facts of a given case; the threshold test, of where the danger arises from, as it applies to both Acts; the effect of Section 1 of the Compensation Act 2006 and the common law doctrine than preceded it (Tomlinson v Congleton Borough Council (2003)) Page 3 of 5

6 Understand the scope of the Occupiers Liability Act 1957 and 1984 6.1 Compare the scope of the application of the Occupiers Liability Act 1957 and 1984 6.1 Whether a person is a non-visitor at the start or whether they have gained such status as a result of their own actions; the effect of such a change of status 6.2 Analyse the scope of an occupiers duty of care 6.2 The difference between the common duty of care under the 1957 Act and the duty of care under the 1984 Act; what is meant by duty of care and how it is applied; the scope of the duty, and the distinction between latent and obvious dangers; who the duty falls on, and common ways of satisfying the duty; the special provision made for children under the 1957 Act; the less extensive provisions to be made for professional visitors who fall within the protection of the 1957 Act; the relationship between giving a warning and satisfying the common duty of care under the 1957 Act; the doctrine of willing assumption of risk and how it operates under the 1957 Act.; the relationship between giving a warning and satisfying the duty of care under the 1984 Act; the doctrine of willing assumption of risk and how it operates under the 1984 Act 6.3 Apply knowledge of the Occupiers Liability Act 1957 and 1984 to a given situation 6.3 Application of the Occupiers Liability Act 1957 and 1984 to a complex scenario Page 4 of 5

Additional information about the unit Unit aim(s) Learners will understand the scope of liability under the Highways Act 1980 and the test for breach of employers liability under the Act. They will also understand the Occupier s Liability Act 1957 and 1984 and the basis on which a claim for a supermarket trip or slip can succeed. Unit review date 1 st April 2015 Details of the relationship between the unit and relevant national occupational standards (if appropriate) Details of the relationship between the unit and other standards or curricula (if appropriate) Assessment requirements specified by a sector or regulatory body (if appropriate) Endorsement of the unit by a sector or other appropriate body (if required) Location of the unit within the subject/sector classification This unit may provide relevant underpinning knowledge and understanding towards units of the Legal Advice standards; specifically SFJ1B14: Personal Injury Legal Advice and Casework 15.5 Law and Legal Services Name of the organisation submitting the unit Chartered Institute of Legal Executives (CILEx) Availability for use Restricted Availability for delivery 1 st April 2013 Page 5 of 5