occupiers liability 1984

Question 1

define occupiers liability

Answer 1

section 1(1)(a): damage arising from the state of the premises or things done

Question 2

Who is occupiers liability 1984 for?

Answer 2

unlawful visitors

Question 3

Occupier and premises

Answer 3

Wheat v Lacon
Section 1(2)

Question 4

Duty of care

Answer 4

There is a lesser duty of care for an unlawful visitor

Question 5

If duty arrives prove (3)

Answer 5

S1(3)(a) D was aware of danger
S.1(3)(b) reasonable grounds to believe a trespasser may come on premises- swain v Naturi Ram Puri
S.1(3)(c) the risk is one they D is reasonably expected to protect against - Tomlinson v Congleton BC

Question 6

The duty of care owed

Answer 6

Section 1(4) see that trespasser does not suffer injury because of danger
Addie v Dumbreck, BRB v Herrington

Question 7

Avoiding liability

Answer 7

S1(5) warning signs
Westwood v post office

Question 8

Defences

Answer 8

S1(5) volenti
Contributory negligence

Question 9

Remedies available for

Answer 9

S1(1) Personal injury
S1(9) Death
S1(8) no liability for damage to property

Question 10

What is the occupier liabile for

Answer 10

Foreseeable harm even if the way is not foreseeable
Jolley v London Borough of Sutton