occupiers liability- tresspassers Flashcards
whats the act for dis von
Occupiers liability act 1984
what are the 5 requirements
defendant is an occupier
it happened on premises
claimant was a trespasser
duty of care is owed in 3 circumstances
property damage is not recoverable
go to lawful visitors for first 2 gng i have mock tomoz its 9am allow me pls
what was the case for claimant was a trespasser
British Railways Board v Herrington 1972
what did this case decide
there was a duty of ‘common humanity’
this case stated occupiers could owe a duty of care IF…(2 points)
1) the danger was obvious to the defendant
2) the defendant was aware of the risk of trespassers on the land
following this, what act was created (dont deep litch only one)
Occupiers liability act 1984
what case proved this
Tomlinson v Congleton Borough Council 2003
what did this state
Suggested since the introduction of the 1984 act there is no longer a need to look for an implied licenses at common law as trespassers now have a claim
what section of OLA 1984 is a a duty of Care is Owed in Three Circumstances in
Occupier’s Liability Act 1984, s.1(3)
An occupier of premises owes a duty to another (not being his visitor) in respect of any such risk if (3 things)
(a) he is aware of the danger- reasonable grounds to know it exists
(b) knows/ has reasonable grounds to believe they may go into that area of danger
(c) D may reasonably expected to offer the other person some protection
what 5 factors should be considered
The standard of care is objective s.1(4)
D is only liable if they are aware of the risk
The degree of danger and age of the trespasser are relevant
D can expect the Claimant to avoid foolhardy activities
There is no duty to an unexpected trespasser s.1(5)
The standard of care is objective case
Ratcliff v McConnell
D is only liable if they are aware of the risk case
Rhind v Astbury Water Park
The degree of danger and age of the trespasser are relevant case
Jolley v Sutton
