Occupiers' Liability Act 1984

Question 1

Who does this act impose occupiers liability for?

Answer 1

Persons other than ‘visitors’. Including trespassers and those who exceed their permission. Revill v Newbery

Question 2

What are the protected forms of damage?

Answer 2

Section 1(8) states that death and personal injury are the only protected forms of damage. (not property)

Question 3

When does Section 1(3) say that an occupier owes a duty of care to a non-visitor? a b c

Answer 3

(a) - occupier is aware of a danger or has reasonable grounds to believe that it exists, and
(b) - occupier has reasonable grounds to believe the other is in the vicinity of danger or may, and
(c) - the risk is one in which, the occupier may reasonably be expected to offer the other some protection.
Donoghue v Folkestone

Question 4

What is the standard of care?

Answer 4

take care such as is reasonable in all the circumstances to see that the other does not suffer injury on the premises by reason of the danger concerned. Ratcliff v McConnell

Question 5

Does the activity have to be dangerous, or the premises?

Answer 5

The premises must be dangerous not the activity.

Keown v Coventry

Question 6

What affect do warnings have?

Answer 6

s 1(5), duty may be discharged (standard of reasonable occupier) by giving a warning or discouraging others from taking the risk - tomlinson v congleton

Question 7

What are the other 3 aspects?

Answer 7

Breach, Damages and defences

Question 8

What are the defences for this? 3

Answer 8

Volenti non fit injuria - s 1(6) : not liable for risks accepted
Contributory Negligence - visitor fails to take reasonable care of their own safety
Exclusion of liability