Occupiers Liability 1984 A01

Question 1

s.1(2)

Answer 1

common law rules apply

Question 2

test for occupier (case)

Answer 2

one of control
defined in Wheat v Lacon

Question 3

Occupier defined as

Answer 3

-person with some degree of ‘control’ over premises
-tenant or independent contractor
(may be more than 1 occupier)

Question 4

s.1(3)

Answer 4

Premises
-land
-buildings
-fixed or moveable structures
-vehicles
-vessels
-aircrafts

Question 5

Trespasser

Answer 5

-enters premises without perms
-presence is unknown/objected to

Question 6

The Calgarth

Answer 6

a visitor must use the premises for the purpose in which they are invited

Question 7

Tomlinson v Congelton

Answer 7

a lawful visitor who goes beyond their permission is a trespasser

Question 8

s.1(3)

Answer 8

an occupier owes a duty if (following subsections)

Question 9

s.1(3)(a)

Answer 9

he knows trespassers come into the vicinity of the danger

Question 10

s.1(3)(b)

Answer 10

the risk is one he is reasonably expected to offer some protection for (Ratcliff v McConnel)

Question 11

unlike OLA 1957 occupiers will not be liable for

Answer 11

damage to property, only liable for personal injury to the claimant

Question 12

s.1(5)

Answer 12

the duty may be discharged if the the defendant ‘took such a steps as are reasonable in all the circumstances of the case to give warning of danger.

Question 13

warning sign may suffice but only

Answer 13

if it is clear enough to make the risk obvious

Question 14

s.1(6)

Answer 14

no duty is owed to any persons in respects of risks willingly accepted and this would be contributory negligence as the trespasser would be volenti (willingly accepts risk of injury)