Occupiers Liability for Trespassers

Question 1

Requirements - THIS IS OLA 1984, MAKE SURE TO SAY THAT

Answer 1

gonna skip to third req. bc first two are same for LV

 D is an occupier
 On a premises
 D is a trespasser
 A duty of care is owed in three circumstances
 Property damage is not recoverable

Question 2

C is a trespasser

Answer 2

Herrington - allowed trespassers to claim

Case also said that there can be a duty of care due to ‘common humanity’ if:
1. Danger obvious to D
2. D aware of risk

Question 3

duty of care owed in three circumstances

Answer 3

s.1 OLA 1984 states may be a duty of care if:

D is aware of the danger or has reasonable grounds to believe that it exists;

D knows or has reasonable grounds to believe that the other is in the vicinity of the danger concerned or that they may come into the vicinity of the danger; and

The risk is one against which D may reasonably be expected to offer the other some protection

Question 4

duty of care in three situations - factors to be considered

Answer 4

The standard of care is objective (s.1(4))

D is only liable if they are aware of the risk - Rhind

The degree of danger and age of the trespasser are relevant - Jolley

D can expect the Claimant to avoid foolhardy activities - Donoghue

There is no duty to an unexpected trespasser (s.1(5))

Question 5

prop. damage not recoverable

Answer 5

s.1(8) OLA 1984 states prop dmg not recoverable bc trespassers owed less than LV

Question 5

defences

Answer 5

Consent
Contrib
Warning notice - Westwood