OLA 1984 Flashcards
OLA 1984 s.1(1)(a)
Duty applies to physical injury caused by something on/omitted from the premises.
BRB v Herrington
A “common duty of care to humanity” is owed by the occupier (OLA 1984)
OLA 1984 answer template
s.1(1)(a) + BRB v Herrington
s.1(3)
s.1(4)
s.1(3)(a) OLA 1984
Occupier must be aware of the danger or have reasonable grounds to believe it exists (Swain v Natui Ram Puri)
Swain v Natui Ram Puri
s.1(3)(a) OLA 1984 - Occupier must be aware of the danger or have reasonable grounds to believe it exists
Occupier must be aware of the danger or have reasonable grounds to believe it exists
s.1(3)(a) OLA 1984, Swain v Natui Ram Puri
OLA 1984 s.3(1)(b)
They know, or has reasonable grounds to believe, that the claimant is in the vicinity of the danger (objective) (Scott v Associated British Ports).
Scott v Associated British Ports
Occupier knows, or has reasonable grounds to believe, that the claimant is in the vicinity of the danger. OLA 1984 s.3(1)(b)
Occupier knows, or has reasonable grounds to believe, that the claimant is in the vicinity of the danger.
Scott v Associated British Ports, OLA 1984 s.3(1)(b)
OLA 1984 s.3(1)(c)
The risk is one which in all the circumstances they can reasonably be expected to offer some protection (objective) (Platt v Liverpool City).
Platt v Liverpool City
The risk is one which in all the circumstances they can reasonably be expected to offer some protection (OLA 1984 s.3(1)(c))
The risk is one which in all the circumstances they can reasonably be expected to offer some protection
Platt v Liverpool City, OLA 1984 s.3(1)(c)
OLA 1984 s.1(4) (breach)
Duty is to take such care as is reasonable in all the circumstances (Ratcliff v McConnell). Factors to consider include:
The nature of the premises,
The degree of danger,
Practicality of raking precautions,
Age of the trespasser.
