Occupiers' Liability (1984)

Question 1

What are the steps for OLA 1984?

Answer 1

Damages
Occupier
Premises
Trespasser
When is there a duty
What is the duty
Did occupier breach duty
Defences
Remedies

Question 2

Who is an occupier?

Answer 2

A person in control of the premises

Question 3

What are premises?

Answer 3

Land, buildings, any fixed or movable structure, including vessels, aircraft, or vehicles

Question 4

Who is a trespasser?

Answer 4

Someone who does not have express or implied permission to be on the premises

Question 5

When will an occupier have a duty to a trespasser?

Answer 5

If all 3 are shown:
1) occupier is aware of danger
2) have reasonable grounds to believe a trespasser is coming into vicinity of danger
3) the risk is one in all circumstances which the occupier may be expected to offer protection from

Question 6

What duty of care is owed to trespassers?

Answer 6

Common duty of humanity

Question 7

What is the common duty of humanity?

Answer 7

Not going out of their way to put the trespasser in danger

Question 8

How do you breach the common duty of humanity?

Answer 8

Going out of your way to injure

Question 9

What damages can be claimed in OLA 1984?

Answer 9

Personal injury up to death

Question 10

What defences are available in OLA 1984?

Answer 10

Warnings
Volenti
Contributory negligence

Question 11

What remedies are available in OLA 1984?

Answer 11

Compensatory damages

Question 12

What is the purpose of compensatory damages?

Answer 12

Money to put you where you would’ve been beforehand

Question 13

What section is the definition of premises in?

Answer 13

s1(3) of 1957 act

Question 14

Which case shows a child trespasser?

Answer 14

BRB v Herrington - breach of duty, liable

Question 15

What is the rule of child trespassers?

Answer 15

Common duty of humanity like adults

Question 16

Which case shows no occupier?

Answer 16

Bailey v Armes

Question 17

What case did BRB v Herrington overrule?

Answer 17

Addie v Dumbreck

Question 18

What does ‘reasonable grounds to believe there is a trespasser’ mean?

Answer 18

Actual knowledge, not just ought to have known

Question 19

What case shows that the occupier must have actual knowledge of a trespasser?

Answer 19

Swain v Natui Ram Puri

Question 20

Which case shows the occupier taking reasonable care in the circumstances?

Answer 20

White v St Albans City
or
Platt v Liverpool City Council

Question 21

What is an evaluative point on child trespassers?

Answer 21

Treats child trespassers same as adults, evolved since Addie v Dumbreck (BRB v Herrington), but more likely to consider them visitors

Question 22

What is an evaluative point on suing the occupier?

Answer 22

Less likely to have the money/insurance, if no occupier, no claim: Bailey v Armes

Question 23

What is an evaluative point on the point of law?

Answer 23

Allows people to get compensation if occupier went out of their way to cause injury, fair, but they are trespassers so should they be able to?

Question 24

What is an evaluative point on deterrance?

Answer 24

Hard for trespassers to claim, acts as deterrence, but would be more effective if they can’t claim

Question 25

What is an evaluative point on the difference between the duty of care for visitors and trespassers?

Answer 25

Fair, visitors should be safe, but trespassers have less - good, occupier shouldn’t have to make trespassers safe, only not injure them