OLA 1984 Flashcards
what does ola 1984 say a trespasser is
A trespasser is any person
* Who enters without an invitation; AND
* Whose presence is either
➔ Unknown to the occupier; OR
➔ Known to the occupier, but the occupier has objected to it in some practical way (e.g.
a sign, locked gate, or verbal warning).
D can also become a trespasser if he exceeds the limits or restrictions on his permission to enter the land.
What 3 ways can D violate this?
Limit to area
Limit to time
Limit ti purpose
What case do we use for limit to area
Pearson v Coleman bros
What case do we use for limit to purpose?
Tomlinson V congleton BC
What does the Calgarth say?
When you invite a person into your house to use the statue is you do not invite him to slide down the banister.
What did British railways board v Herrington establish?
D can be liable if common sense and common humanity suggests something is wrong.
What case do we use to show that the claim must arise out of the dangerous state if premises?
Tomlinson v congleton borough council
What does s1(3) of OLA 1984 say has to garb for an occupier to owe a duty?
1) he is aware of the danger
2) knows someone else is in vicinity of danger
3) tries to offer some protection against danger
What does s1(4) say about duty owed by a trespasser to take care?
The duty of care owed by an occupier to a trespasser is to take such care as is reasonable in the circumstances to make sure trespassers has no injury in premises bc of danger
What 8 factors may a court take into account for discharging the duty
1) likelihood of trespass
2) seriousness of injury risked
3) cost of precaution
4) likely age of trespasser
5) visibility of danger
6) obviousness of danger
7) common sense
8) occupier should not have to guard against irresponsible minority
What case do we use for discharging the duty?
Platt v Liverpool city council
What are the two defences in Ola 1984
Contributory negligence
Consent
What does s1(6) of Ola 1984 say about consent?
The defendant owes no duty in respect of risks willingly accepted by the trespasser
What case do we use for consent in OLA 1984
Radcliff v McConnell
What remedies can a claimant claim for?
A successful claimant can claim for death and personal injury he cannot claim for damages to his property
