Occupier's Liability Act 1984

Question 1

S1 (3) OLA 1984 deals with

Answer 1

establishing duty

Question 2

What 3 things establish duty?

Answer 2

1. O is aware or has reasonable grounds to believe the existence of a danger
2. O is aware or has reasonable grounds to believe that there is a possibility a trespasser is in the vicinity of the danger
3. The danger is one that O can reasonable protect against. Standard is common humanity.

Question 3

s1 (4) OLA 1984. 4 factors that will be considered.

Answer 3

1. Likelihood of trespassers
2. Nature and seriousness of trespassing
3. Motive for trespassing
4. Warnings

Question 4

s1 (5) OLA 1984 deals with

Answer 4

Warnings

Question 5

What are the standards?

Answer 5

Common humanity.

Take such care as “is reasonable in all the circumstances.”

Question 6

3 elements of OLA 1984

Answer 6

1. Establishing duty
2. Breach of duty
3. Resulting damage

Question 7

Two defences and sections

Answer 7

1. Contributory negligence s2(5)

2. Consent s1(6)

Question 8

s1(8) of OLA 1984:

Answer 8

O is only liable for death or PI, not damage to property or loss of property.

Question 9

British railway boards vs Herrington

Answer 9

Created duty of care to trespassers

Question 10

Addie & Sons v Dumbreck

Answer 10

There used to be no duty to trespassers

Question 11

Tomlinson v Congleton Borough council

Answer 11

Illustrates contributory negligence and consent

Question 12

Higgs v Foster

Answer 12

O isn’t liable if they didn’t expect a trespasser.

Question 13

Ratcliffe v McConnell

Answer 13

O just has to be reasonable

Question 14

Scott v Associated British Ports

Answer 14

15 is not very young.