OLA 1984

Question 1

Define ‘trespasser’ with a statute.

Answer 1

A person without permission to be on the premises - s1(1) OLA 1984.

Question 2

What protections are owed to trespassers.

Give the statute.

Answer 2

An occupier has a duty to protect trespassers from danger on the premises - s1(1).

Question 3

What kind of harm can a trespasser claim against an occupier, and what can they not claim?

Statute for what they cannot claim.

Answer 3

Claim for injury, not property - s1(8).

Question 4

Under what statute, what three things need to be shown in order for an occupier to owe a duty of care to a trespasser. Give statutes and cases.

Answer 4

Under s.1(3)…
- s1(3)(a) Aware of danger/ has reasonable grounds to believe it exists (Rhind)
- s1(3)(b) Reasonable grounds to believe D is in the vicinity (Higgs)
- s1(3)(c) Risk is the type that D is expected to protect against (Staples)

Question 5

Under s.1(4) what kind of care needs to be taken by the occupier?

Answer 5

Reasonable care in the circumstances to see that trespassers aren’t injured.

Question 6

What statute covers whether a duty of care is owed?

Answer 6

S1(3)