Occupiers Liability Act 1984- COMPLETE

Question 1

When can the occupiers liability act be used?

Answer 1

-In cases of personal injury or death.
-When the D is a trespasser.

Question 2

What section outlines that the occupiers liability act can only be used in cases of PI or death?

Answer 2

S1 (1)(a) and S1 (4)

Question 3

What is meant by a trespasser?

Answer 3

Somebody who has entered land or premises without permission

Question 4

Tomilson V Congelton Borough council & others

Answer 4

Defines a trespasser as somebody who has entered land or premises without permission

Question 5

Structure of OLA 1984 question

Answer 5

1- intro+who is a tresspasser.
2-occupier? Premises?
3-activity not prem- S1 (3)- Duty?
4- 1 (4)- ‘in all circumstances’
5- Defences
6-Is the breach the factual cause of…
7-Damages and damage

Question 6

What is meant by an occupier?

Answer 6

‘defined under common law as having some degree of control over a premises’

Question 6

Which case described an occupier?

Answer 6

Wheat V E Lacon

Question 7

Wheat V Lacon

Answer 7

‘defined under common law as having some degree of control over a premises’

Question 8

What section is an occupier defined under?

Answer 8

S1 (2) (A)

Question 9

What is meant by a premises?

Answer 9

-‘any fixed or moveable structure’
-can include houses, building and land.

Question 10

What section defines a premises?

Answer 10

S1 (3)

Question 11

What are the two requirements of OLA 1984?

Answer 11

1.The danger must come from the premises and not the activity
2. Section 1(3)- duty

Question 12

Which case outlined that the danger must come from the premises and not the activity?

Answer 12

Keown V NHS Trust

Question 13

Keown V NHS trust?

Answer 13

The danger must come from the premisise and not activities

Question 14

What are the three situations in which a duty of care will be owed under S1 (3)

Answer 14

1 (3) (a)- he is aware of the danger/ has RG to believe it exists.
1 (3) (b)- he knows/ has reasonable grounds to believe someone else is/ may come into the vicinity of danger.
1 (3) (c)- is the risk one in all circumstances the occupier may be reasonably expected to offer some protection against.

Question 15

What case goes with S1 (3) (A)- he is aware of the danger/ has RG to believe it exists.

Answer 15

Ratcliffe V McConnel & another

Question 16

Ratcliffe V McConnel & another

Answer 16

-1 (3) (a)
-obvious dangers.

Question 17

What case goes with S1 (3) (B)- he knows/ has reasonable grounds to believe someone else is/ may come into the vicinity of danger.

Answer 17

Donoghue V Folkstone properties LTD. (have people trespassed there before?)

Question 18

What does S1 (4) outline?

Answer 18

‘take such care as is reasonable so that the non visitor does not suffer injury on the premises’

Question 19

Which case outlines that in the case of adult visitors the D will not be held liable for obvious dangers?

Answer 19

Ratcliffe V McConnell & another

Question 20

Who does the occupier not need to protect against?

Answer 20

‘the irresponsible minority’

Question 21

Which case says that you do not need to protect against risks of the irresponsible minority?

Answer 21

Platt V Liverpool CC

Question 22

Which defences are available for the OLA 1984?

Answer 22

-Consent (find in defences flashcards)
-Contributory negligence (find in defences flashcards).
Warnings and warning signs S1 (5)

Question 23

What does a warning sign aim to do?

Answer 23

-discourage others from taking a risk

Question 24

What are the three parts of factual causation?

Answer 24

-‘but for test (Barnett V Chelsea and Kensington hospitals)
-wagonmound (remoteness- was the type of damage reasonably foreseeable).
-Smith V Leechbrain- thin skull test- as long as the type of damage was reasonably foreseeable then the extent of the damage is irrelevant.

Question 25

For damages see previous flashcards!!!

Answer 25

!!!!

Question 26

What is important to consider under 1 (8)- DAMAGE

Answer 26

-Can only claim for death or personal injury but not claims for property.

Question 27

What would the first sentence of OLA likely be?

Answer 27

Firstly, It must be identified whether the claimant is a trespasser in order for the occupier’s liability act 1984 to apply and this can only be used in cases of personal injury or death (ss 1(1)(a) and S1 (4)).