OLA 1984

Question 1

Established a ‘common duty of humanity’ to trespassers

Answer 1

Herrington 1972

Question 2

Herrington 1972

Answer 2

Established a ‘common duty of humanity’ to trespassers

Question 3

Addie v Dumbreck 1929

Answer 3

Trespasser is someone with no permission or authority to be on the premises, or has exceeded permission and authority

Question 4

Trespasser is someone with no permission or authority to be on the premises, or has exceeded permission and authority

Answer 4

Addie v Dumbreck 1929

Question 5

When will someone have exceeded their permission?

Answer 5

If they have been asked to leave or have entered an area that they aren’t supposed to be in

Question 6

S.1(3)(a) OLA 1984

Answer 6

The occupier must be aware of the danger or have reasonable grounds to believe that it exists

Question 7

The occupier must be aware of the danger or have reasonable grounds to believe that it exists

Answer 7

S.1(3)(a)

Question 8

Rhind v Aspey

Answer 8

Demonstrates S.1(3)(a)

Question 9

Demonstrates S.1(3)(a)

Answer 9

Rhind v Aspey

Question 10

S.1(3)(b)

Answer 10

The occupier must know or have reasonable grounds to believe that they are near the vicinity

Question 11

The occupier must know or have reasonable grounds to believe that they are near the vicinity

Answer 11

S.1(3)(b)

Question 12

S.1(3)(c)

Answer 12

The risk is one against which the occupier ought to reasonably offer protection

Question 13

The risk is one against which the occupier ought to reasonably offer protection

Answer 13

S.1(3)(c)

Question 14

S.1(1)(a)

Answer 14

A duty applies towards trespassers for injury on the premises by reason of any danger due to the state of the premises or acts or omissions

Question 15

A duty applies towards trespassers for injury on the premises by reason of any danger due to the state of the premises or acts or omissions

Answer 15

S.1(1)(a)

Question 16

S.1(8)

Answer 16

Occupier can only be liable for personal injury, not property damage

Question 17

Occupier can only be liable for personal injury, not property damage

Answer 17

S.1(8)

Question 18

Take such care as is reasonable in the circumstances to see that the trespasser is not injured

Answer 18

S.1(4)

Question 19

S.1(4)

Answer 19

Take such care as is reasonable in the circumstances to see that the trespasser is not injured

Question 20

Tomlinson 2003

Answer 20

Occupiers do not have to spend large amounts of money in making premises safe from obvious dangers

Question 21

Occupiers do not have to spend large amounts of money in making premises safe from obvious dangers

Answer 21

Tomlinson 2003

Question 22

What section lists what the occupier must do to owe a duty of care?

Answer 22

S.1(3)

Question 23

Donoghue v Folkestone Properties

Answer 23

Time of day and year when the incident happened can be relevant for deciding whether there was a duty of care

Question 24

Time of day and year when the incident happened can be relevant for deciding whether there was a duty of care

Answer 24

Donoghue v Folkestone Properties

Question 25

No obligation to warn against obvious dangers

Answer 25

Baldaccino

Question 26

Baldaccino

Answer 26

No obligation to warn against obvious dangers