OLA 1984

Question 1

What is OLA ‘84

Answer 1

A DoC from O to trespassers/unlawful visitors

Question 2

Is there a statutory definition of Occupier?

Answer 2

No

Question 3

What cases define Occupier and what do they say?

Answer 3

Wheat V E Lacon- anyone in possession/control of the land
Harris V Birkenhead Corp.- can be more than 1
Bailey V Armes- no one in control=no O

Question 4

What sections is premises under ?

Answer 4

s.1(3)(a)

Question 5

What is the definition of premises?

Answer 5

A person in control of any fixed/moveable structure including vehicles, vessels, and aircrafts

Question 6

What does the case of Wheeler V Copas add to premises?

Answer 6

premises incl.: houses, offices, buildings, vehicles, lifts and ladders

Question 7

What might you have to consider about the claimant & sections ?

Answer 7

Were they a LV that became a trespasser?
s.2(1)- O owe DoC to LV
s.1(2)- 4 types: invitees, licensees, contractual permission, statutory right to entry

Question 8

what case is trespasser defined by as it has no stat. def. and condition?

Answer 8

Addie V Dumbreck- someone who goes on land without any sort of permission and whose presence is unknown to the O, or if known objected to
The Calgarth.- LV can become trespasser

Question 9

what is the DoC to trespasser s.1(1)(a)?

Answer 9

DoC for ‘injury on premises by reason of any danger due to the state of the premises’

Question 10

what does the DoC to trespassers mean?

Answer 10

If the premises not safe the O is liable

Question 11

What does the case of Keown V Coventry NHS Trust say about DoC- Trespasser?

Answer 11

the O is not liable if the damage came from the Cs own actions

Question 12

under s.(1)(3) what are the subsections for criteria that must be met for the O to owe a DoC of care to a trespasser?

Answer 12

s.1.(3)(a)
s.1.(3)(b)
s.1(3)(c)

Question 13

What does s.1(3)(a) say on criteria of DoC?

Answer 13

O must be aware of the danger or have reasonable reasonable grounds to believe it exists. If unaware of danger they cannot prevent harm to C (Rhind V Astbury Water Park)

Question 14

what does a.1(3)(b) say?

Answer 14

O must know/have reasonable grounds to believe someone may come in the vicinity of the danger (Donoughe V Folkestone)

Question 15

what does s.1(3)(c) say?

Answer 15

in certain circumstances may reasonably be expected to offer some protection
not involve obvious danger ( Tomlinson V Congleton BC)

Question 16

What does a.1(4) set out and how?

Answer 16

Scope of duty- ‘to take care which is reasonable in all the circumstances to make sure that trespasser doesn’t suffer injury on premises due to danger concerned’

Question 17

is the standard of care subjective or objective ?

Answer 17

objective - depends on circumstances of each case (Ratcliff V McConnell)

Question 18

What are the factors for the objective test for scope of duty ?

Answer 18

Age of T- (adult & child same) (Keown V Cov. NHS)(Baldaccino V West Wittering)
T not do ‘foolhardy activ.’ - (Donoghue)
unexpected T ?- s.1(5) cannot guard against unknown (Higgs V Foster)
nature of prem- (commercial/domestic) (Rhind V astonish Waterpark)
time of day/year- ( Donoughe)