OLA 1984 Flashcards
What does OLA stand for in the context of law?
Occupiers’ Liability Act
In what year was the Occupiers’ Liability Act enacted?
1984
What is the main purpose of the Occupiers’ Liability Act 1984?
To define the duty of care owed by occupiers to non-visitors.
True or False: The Occupiers’ Liability Act 1984 applies to all visitors.
False
Who is considered a ‘non-visitor’ under the OLA 1984?
A person who is on the occupier’s premises without permission.
Fill in the blank: The OLA 1984 imposes a duty of care to _____ in certain circumstances.
non-visitors
What must a non-visitor prove to establish a claim under OLA 1984?
That the occupier was aware of the danger or had reasonable grounds to believe it existed.
List one type of non-visitor protected under the OLA 1984.
Trespassers
True or False: An occupier can be held liable for all injuries sustained by non-visitors.
False
What is the standard of care required by occupiers towards non-visitors according to OLA 1984?
Reasonable care
What does Section 1(3) of OLA 1984 state?
It states the circumstances under which an occupier owes a duty of care to non-visitors.
Multiple Choice: Under OLA 1984, which of the following is NOT a requirement for establishing liability? A) Awareness of danger B) Reasonable care C) Permission to enter
C) Permission to enter
How does OLA 1984 differ from the OLA 1957?
OLA 1984 focuses on non-visitors, while OLA 1957 pertains to visitors.
True or False: The OLA 1984 provides a complete defense for occupiers if the non-visitor was committing a crime.
True
What is the significance of the case ‘Harris v. Birkenhead Corporation’ in relation to OLA 1984?
It established principles regarding the liability of occupiers towards non-visitors.
Fill in the blank: The OLA 1984 allows for claims based on _____ injuries to non-visitors.
personal
What type of defenses can occupiers use under OLA 1984?
Contributory negligence and assumption of risk.
What is the role of ‘reasonable foreseeability’ in OLA 1984?
It determines whether the occupier should have anticipated the risk of injury to a non-visitor.
True or False: A non-visitor must demonstrate that the occupier failed to take precautions against risks.
True
What is one limitation of the OLA 1984?
It does not apply if the non-visitor was trespassing with criminal intent.
Multiple Choice: Which of the following is an example of a non-visitor? A) A customer in a store B) A person entering a property to commit vandalism C) A delivery person
B) A person entering a property to commit vandalism
Explain in one sentence what ‘occupier’ means under OLA 1984.
An occupier is a person or entity that has control over premises.
What is the effect of the OLA 1984 on liability insurance for occupiers?
It may influence the terms and coverage of liability insurance policies.
