Occupier's Liability (2)

Question 1

An unauthorized visitor/trespasser:

Answer 1

Anyone without actual/implied consent from occupier to be on premises.

Question 2

Act that governs the rights of the trespasser:

Answer 2

Occupier’s Liability Act 1984

Question 3

Occupier owes a duty to another when:

Answer 3

• He is aware of the danger (S1 (3) (a)).
• He knows or has reasonable grounds to believe that the ‘other’ is at risk of danger (S1 (3) (b)).
• The risk is one that he is reasonable expected to offer some protection against (S1 (3) (c)).

Question 4

‘Reasonable grounds to believe’

Answer 4

Defendant must have actual knowledge of relevant facts for such a belief.

Swain v Natui Ram Puri.

Question 5

Gould v McAuliffe

Answer 5

Occupier must take reasonable steps to inform visitors of private/restricted areas of the premises.

Question 6

Tomlinson v Congleton Borough Council:

Answer 6

Can only be deemed liable under OLA 1984 for damages caused by dangers if it is: due to the state of the premises, things done/not done to them.

Cannot be liable for injuries caused as a result of taking a voluntary risk.

Question 7

Defences under OLA 1957

Answer 7

Contributory Negligence (s2 (5)

S2(1) allows occupier to exclude liability,
(Limited by UCTA 1977)

Volenti
(Potentially exempt dependant on warning).

Question 8

Defences under OLA 1984

Answer 8

Contributory Negligence

Volenti (S1 (6)

If reasonable care to give warning was given (s1 (5)

Question 9

Damages available under OLA 1957

Answer 9

Personal Injury

Damage to property

Question 10

Damages under OLA 1984

Answer 10

Personal injury