Occupiers Liability 84

Question 1

What is a trespasser and what else do you need to define

Answer 1

Someone who has no permission or someone who has permission but exceeds it
Occupier and premises the same in OLA 57

Question 2

What is the duty of care in OLA84

Answer 2

s1(3) Duty is to keep unlawful visitors free from injury- duty is to take such care as is reasonable in all the circumstances to see that the trespasser does not suffer injury on the premises because of danger

Occupier liable for foreseeable harm even if the precise damage or circumstance in which harm was cause are not foreseeable- Jolley v Sutton borough

Question 3

When does a duty arise

Answer 3

s1(3)
a) Occupier is aware of danger
b) Occupier knows or has reasonable grounds to believe that the claimant is in vicinity of danger Donoghue v Folkestone
c) Risk is one against which he may reasonably be expected to offer protection Tomlinson v Congleton BC

Question 4

What factors do the court take into account

Answer 4

Likelihood of trespass
Seriousness of injury risked
Cost and practicality of precautions
Age of trespasser- occupier should not have to guard against an irresponsible minority Platt v Liverpool
Time of day

Question 5

What is one way an occupier can avoid liability

Answer 5

s1(5) warning sign may be effective to discharge liability Westwood v Post office

Question 6

What are the defences for OLA 84

Answer 6

s1(6) Volenti( consent)
Contributory negligence

Question 7

What are the remedies for OLA 84

Answer 7

s1(1) personal injury
s1(9) death
s1(8) no liability for damages to property