Occupiers Liability 84

Question 1

S 1 (3) 1984 act

Answer 1

An occupier of premises owes a duty to another (trespasser)

Question 2

What is a trespasser

Answer 2

A person who has no permission to be on premises
A lawful visitor who has gone beyond their permission to be on the premises

Question 3

The occupier will only owe a duty if

Answer 3

-aware of the danger/has reasonable grounds to believe it exists
- know the person is in the vicinity of danger concerned
- expected to protect against the risk

Question 4

The 1984 act provides compensation for personal injuries only

Answer 4

Not damage to property

Question 5

What is objective standard of care + factors

Answer 5

Greater the risk= more precautions
Factors:
Nature of the premises
Degree of danger
Practicality of taking precautions
Age of the trespasser

Question 6

Warnings + case

Answer 6

Occupier can discharge his duty to the trespasser by giving a warning of danger - discouraging the taking of risk
Westwood v post office
Employee was injured when entering a room what had a warning of danger (not liable)

Question 7

Contributory negligence

Answer 7

Argues trespasser is at fault

Question 8

Consent

Answer 8

Trespasser appreciates danger and risk more than just its existence