OCCUPIERS LIABILITY 1948

Question 1

trespasser

Answer 1

Persons on the occupiers land who have no permission or authority to be there

Question 2

Section 1 (8)

Answer 2

Death and personal injury are the ONLY protected forms of damage

Question 3

Section 1 (3)

Answer 3

a.) The occupier is aware of a danger or has reasonable grounds to believe that it exists, and
b.) The occupier knows or has reasons to believe the other is in the vicinity of danger or may come into the vicintiy of danger, and
c.) The risk is one in which, in all circumstances of the case, the occupier may reasonably be expected to offer the other some protected.
CASE LAW: Donoghue v Folkstone Properties Ltd (2003)

Question 4

Standard of care

Answer 4

• objective

- if not met = breach

Question 5

Section 1(4)

Answer 5

Take such care that is reasonable in all the circumstances of the case to see that the other does not suffer.
CASE LAW: RATCLIFF V MCONNEL (1977)

Question 6

Ratcliff v McConnell (1977)

Answer 6

Locks and warnings were sufficient. D not liable.

Question 7

Donoghue v Folkstone Properties Ltd (2003)

Answer 7

It woupd be reasonable to guard against that in the summer time, but not at the time of winter. D is not liable.

Question 8

Section 1(4) must be premises that is dangerous not activity

Answer 8

Keown v Coventry Healthcare NHS Trust (2006)

Question 9

S 1(5) warnings and warning signs

Answer 9

Duty may be discharged (reach the standard of reasonable occupier) by giving warning or discouraging others from taking the risk.
CASE LAW: TOMLINSON V CONGLETON (2003)

Question 10

Tomlinson v Congleton (2003)

Answer 10

State of premises not dangerous, what C chooses to do is up to them. D is not liable.

Question 11

Keown v Coventry Healthcare NHS Trust (2006)

Answer 11

The premises is not dangerous. Therefore D is not liable.

Question 12

Defences

Answer 12

• volenti - s1 (6)
• contributory negligence
• exclusion of liability

Question 13

volenti - s1 (6)

Answer 13

Common duty of care does not impose an obligation on occupiers in respect of risks willingly accepted

Question 14

contributory negligence

Answer 14

Damages may be reduced under the Law Reform (contributory Negligence) Act 1945 where the treapasser fails to take responsibility to tske reasonable care for their own safety

Question 15

Exclusion of liability

Answer 15

Is not expressly forbidden by the Act so it may be possible.