OLA 1984

Question 1

what is a trespasser

Answer 1

person who has no permission or authority to be on premises

Question 2

how can a lawful visitor become a trespasser

Answer 2

if they exceed the permission granted to them

Question 3

what can they not claim for and section

Answer 3

s.1(8) damage to property

Question 4

when will a duty arise

Answer 4

when danger is due to premises

Question 5

case for danger due to state of premises

Answer 5

Sidorn v Patel

Question 6

Sidorn v Patel facts

Answer 6

danger arose due to C dancing on garage rather condition of premises

Question 7

act that states duty is not automatic

Answer 7

s.1(3)

Question 8

what does s.1(3) provide

Answer 8

on occupier will only owe a duty if they meet 3 sections

Question 9

s.1(3) a

Answer 9

they are aware of danger or reasonable grounds to believe it exists

Question 10

s.1(3) b

Answer 10

knows or has reasonable grounds to believe the trespasser is in the vicinity of the danger of may come into the vicinity

Question 11

s.1(3) c

Answer 11

reasonable circumstances expected to offer protection

Question 12

are a and b subjective or objective

Answer 12

subjective, relates to the knowledge of D

Question 13

case for s.1(3) a

Answer 13

Rhind v Astubury

Question 14

Rhind v Astubury facts

Answer 14

did not know of fibreglass container in their lake, so not duty owed

Question 15

case for s.1(3) b

Answer 15

Higgs v foster

Question 16

Higgs v foster facts

Answer 16

no reason to suspect trespasser would come within vicinity of danger

Question 17

what may be relevant for whether DOC is owed

Answer 17

time of day and year

Question 18

case for relevance of time of day and year

Answer 18

Donoghue v Folkstone properties

Question 19

Donoghue v Folkstone properties facts

Answer 19

no duty as occupier would not expect a trespasser to jump into harbour in the middle of the night in winter

Question 20

is s.(1)(3)c subjective or objective

Answer 20

both
whether danger is one occupier may be reasonably expected to offer some protection from
includes taking into costs

Question 21

case for s.(1)(3)c

Answer 21

tomlinson v congleton

Question 22

tomlinson v congleton facts

Answer 22

injured diving into lake ignoring warning sign
not reasonable to offer protection against natural feature of a lake

Question 23

s.1(4)

Answer 23

standard of care owed

Question 24

what does s.1(4) state

Answer 24

occupiers owe trespassers a DOC in reasonable circumstances so they do not suffer injury on premises by reason of danger

Question 25

is the standard of care objective or subjective

Answer 25

objective. factors taken into account include nature of premises, degree of danger, practicality of taking precautions

Question 26

case for practicality of taking precautions- not needing to spend lots of money

Answer 26

Tomlinson v congleton

Question 27

what do the occupiers owe not duty to guard against

Answer 27

obvious dangers

Question 28

obvious dangers case

Answer 28

Ratcliff v McConnell

Question 29

Ratcliff v McConnell facts

Answer 29

climbed over locked gate and dived into pool
not required to guard against obvious dangers

Question 30

obvious dangers with kids case

Answer 30

Keown v coventry NHS trust

Question 31

Keown v coventry NHS trust facts

Answer 31

young boy climbed fire escape and fell
no DOC as accident happened thru his own dangerous behaviour

Question 32

3 defences available

Answer 32

warning notices, contrib neg, consent

Question 33

warning notes statute

Answer 33

s.1(5) has to make danger clear, depends on age and understanding

Question 34

case for warning notices

Answer 34

Westwood v post office