OLA 1984 Flashcards
1
Q
Who is a trespasser
A
Enters without invitation
Presence unknown to occupier or he has objected to the presence
2
Q
A
3
Q
D may also become trespasser if he exceeds limit as to
+ cases
A
Area ( Pearson v Coleman Bros )
Time ( Wood v Leadbitter )
Purpose ( Tomlinson v Congleton )
4
Q
When is the duty owed
A
Claim must arise out of dangerous state of premises
( Keown v Cov NHS Trust )
5
Q
3 points to show a DoC is owed
A
D must be aware of the danger
Must know there is someone in the vicinity
The danger is one of which he should have offered protection against
6
Q
8 Factors For discharging the duty
A
Occupier should not have to guard against irresponsible minority ( Platt v Liverpool CC)
Seriousness of injury risked
Likely age of trespasser
7
Q
2 Defences
A
Consent
Contributory Negligence
