Ch11 Test Bank Occupiers' Liability

Chapter 11: Occupiers' liability

Test Bank

Type: multiple choice question

Title: Chapter 11 Question 01

1) The ‘common duty of care’ owed to all lawful visitors is found in which section of which Occupiers’ Liability Act?

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

Type: multiple response question

Title: Chapter 11 Question 02

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

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

Type: matching question

Title: Chapter 11 Question 03

3) For each of the following cases name the highest court reached or complete the case name.

a. Tomlinson v Congleton BC = HL

b. Gwilliam v West Hertfordshire Hospital NHS Trust = CA

c. Jolley v = Sutton LBC

d. Revill v = Newberry

Type: multiple choice question

Title: Chapter 11 Question 04

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?

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

Type: multiple choice question

Title: Chapter 11 Question 05

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

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.

Type: multiple choice question

Title: Chapter 11 Question 06

6) 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’

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

Type: true-false

Title: Chapter 11 Question 07

7) Occupiers owe children a special duty of care under the 1957 Occupiers’ Liability Act.

a. True

b. False

Type: multiple choice question

Title: Chapter 11 Question 08

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

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

Type: multiple choice question

Title: Chapter 11 Question 09

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

a. Yes

b. No

c. It depends

Type: multiple choice question

Title: Chapter 11 Question 10

10) 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?

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.