Occupiers' liability
Occupiers' liability governs the duty owed by an occupier of premises to those who come onto them. Two statutes apply: the 1957 Act for lawful visitors and the 1984 Act for trespassers.
What "Occupiers' liability" covers
- Under the Occupiers' Liability Act 1957 an occupier owes visitors a common duty to take reasonable care to keep them reasonably safe for the purposes for which they are permitted to be there.
- An occupier is anyone with a sufficient degree of control over the premises (Wheat v Lacon).
- A higher standard applies to child visitors, who may be attracted by allurements (Glasgow Corporation v Taylor, Jolley v Sutton).
- An occupier may discharge the duty by adequate warning, and expects skilled visitors to guard against risks ordinary to their trade (Roles v Nathan).
- An occupier is generally not liable for the faulty work of an independent contractor if it was reasonable to entrust the work and reasonable checks were made (s.2(4)(b)).
- The Occupiers' Liability Act 1984 imposes a duty to trespassers only where the occupier knows of the danger and the trespasser, knows the trespasser may come near it, and the risk is one against which protection may reasonably be expected.
- There is no duty in respect of obvious risks or risks the claimant chose to run (Tomlinson v Congleton).
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For occupiers' liability, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Applying the 1957 Act to a trespasser, who is instead covered by the 1984 Act.
- Imposing a duty under the 1984 Act for obvious risks or where the danger is not due to the state of the premises.
- Forgetting the higher standard owed to children and the concept of allurement.
Learn this subtopic in the course
A video lesson, notes and exam-style practice on occupiers' liability.
FAQ
Is occupiers' liability tested on SQE1?
Yes — occupiers' liability is part of the SQE1 Tort syllabus (FLK1) and can appear in single best answer questions.
How is occupiers' liability examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (s.2 Occupiers' Liability Act 1957, s.1 Occupiers' Liability Act 1984) helps.