LAW P2 TORT (OLA 84) Flashcards
Wht is the definition of an occupier?
An occupier can be defined as anyone who is in control of the land
What is the case for occupier?
Wheat v lacon, an occupier can be seen as anyone who holds occupational control over the land
Who does OLA 84 impose a duty on?
OLA 84 imposes a duty on occupiers in relation to persons other than his visitors, including trespassers and those who exceed their permission
What are the factors that need to be present for an occupier to owe a duty?
OLA 84 states that an occupier owes a duty to another (other than his visitors) if he:
- is aware of the danger or has reasonable grounds to believe it exists
- Knows or has reasonable grounds to believe he is in the vicinity of danger or will come into the vicinity of danger
- the risk is one in which he is expected to offer protection
What is the case of establishing whether occupier owes a duty?
Donoughue v Folkestone properties, the test of whether there is a duty must be determined at the time of the alleged breach
What is the protected damages under OLA 84?
Since the OLA 84 act applies to trespassers a lower level of protection is offered.
Death and personal injury are the only forms of protected damage.
What does s.1(4) state that the duty is?
S.1(4) states that the duty is to take such care as is reasonable in all circumstances of the case to see that the visitor does not suffer injury on the premises
What is the case for the duty?
Revill v Newbury, an occupier does not owe a duty to another trespasser who has engaged in serious criminal enterprise
What does S.1(5) state how an occupier can discharge duty?
S.1(5) States that it is possible for an occupier to discharge their duty by giving a warning of potential danger or discouraging the visitor from taking risksW
What is the case for the discharge of duty?
Tomlinson v congleton borough council, there was no need to warn the claimant from committing his actions
