Occupiers Liability Act 1984

Question 1

Occupiers Liability Act 1984

Care section 1(4)

Answer 1

“The duty is to take such car as in reasonable in all circumstances of the case to see that the non-visitor does not suff injury on the premises by reason of the danger concerned”

Question 2

Occupiers Liability Act 1984

Discharge of duty section 1(5)

Answer 2

“The duty can be discharged by taking steps to warn of the danger concerned or to discourage persons from incurring the risk”

Question 3

Occupiers Liability Act 1984

Volenti section 1(6)

Answer 3

Can be used as a defence and works the same as Visitors

Question 4

Occupiers Liability Act 1984

Damage section 1(8)

Answer 4

The duty owed does not cover damage to property for example damage to clothing.

Question 5

Occupiers Liability Act 1984

Duty of care section 1(3)

Answer 5

A duty is owed to a trespasser if:

• The occupier is aware or ought to be aware of the danger.
• He knows or has reasonable grounds to believe that the trespasser may be in the vicinity of the danger.
• May reasonably be expected in all the circumstances to offer some protection to the trespasser against the danger.