Defence For Occupier To A Trespasser

Question 1

Defences an occupier can use to avoid liability for trespasser?

Answer 1

• Contributory negligence
• Consent
• Warning signs

Question 2

Under which act is contributory negligence?

Answer 2

LAW REFORM CONTRIBUTORY ACT 1945

Question 3

What does contributory negligence do?

Answer 3

Amount of damages can be reduced according to the extent to which C has contributed to her own harm.

Question 4

Under which section does the complete defence of consent occur?

Answer 4

S.1 (6) of the OLA 1984

Question 5

Under which section is Warning signs in the OLA 1984?

Answer 5

S.1 (5) of OLA 1984

Question 6

What can warning signs do?

Answer 6

Can be a complete defence. The occupier can avoid liability by taking such steps as are reasonable in all the circumstances.

Question 7

When can be a warning sign be a defence towards the danger?

Answer 7

When it warns the SPECIFIC danger.

Question 8

Will it a warning sign be sufficient for a child trespasser?

Answer 8

It will depend on the age and understanding of the child. It is unlikely the warnings will be effective in the case of child trespassers.

Question 9

What happens for warning an obvious danger?

Answer 9

There need to be no warning of obvious dangers. In RATCLIFF v MCCONNELL C was drunk and dived into the shallow end.
Court held no need for warning sign just needed to take reasonable steps to prevent trespassers.