Occupiers Liability Act 1984

Question 1

What is a trespasser

Answer 1

• ## a visitor who has no permission or authority to be on an occupiers land

Question 2

What is the purpose of the occupiers liability act 1984

Answer 2

• imposes liability on on occupiers with regard to persons other than ‘visitors’
• includes trespassers + those who exceed their permission (Revill v Newbury)

Question 3

How was duty owned towards trespassers prior to 1866

Answer 3

• previously there was no duty of care owned to trespassers
• this was seen as unfair + was replaced by the HOL with a duty of ‘common humanity’
• THIS was later updated to a ‘duty of statutory authority’

Question 4

What does section 1(8) state about death and personal injury

Answer 4

• they are the only protected forms of damage- (NOT PROPERTY)
• This reflects the view that trespassers are less deserving of protection than lawful visitors

Question 5

What does section 1(3) state

Answer 5

• an occupier owes a duty to the trespasser if 3 key elements are satisfied (they all must be)

Question 6

What are the three key elements included in S1(3) to establish a duty of care

Answer 6

• occupier is AWARE of a danger/has reasonable grounds to believe that it exists
• occupier is aware person may be IN VICINITY of the danger/ may come into vicinity
• the risk is one where the occupier may be REASONABLY EXPECTED TO OFFER PROTECTION against

Question 7

What is the key case when applying all 3 elements of the duty of care owned to tresspasersd

Answer 7

Donoghue v Folkestone properties LTD