OLA 1984

Question 1

1-OLA INTRO 1984 trespassers s1(1)a

Answer 1

• injury on premesis by reason of any danger due to state of premesis/ things done/ omitted to be done on them

Question 2

2-claimant(trespasser)

Answer 2

person on land without permission, occupier objects to their presence/doesnt know presence on land

Question 3

3-occupier

Answer 3

control over premesis to allow/prevent entry to land

Question 4

4- premesis

Answer 4

fixed/moveable structure, vessel, vehicle or aircraft

Question 5

5- occupiers duty of c s1(3) - satisfy all 3

Answer 5

• if o knew danger/reasonable grounds existed(swain v natty ram pun)
• occurpier aware trespasser could come to danger(white v St Albans)
• is it reasonably acceptable to expect d offer protection against T’s potential injuries(Tomlinson v congulenton)

Question 6

6-standard of duty

Answer 6

• s1(4)O take care as reasonable in circumstances t prevent potential T Injury
• s1(5) standard of care towards T’S lower than lawful visitor one and the standard can be met by warning/discouragment from taking risk(Tomlinson)

Question 7

7-defences/ discharge of duty

Answer 7

volenti non fit injuria(consent)-available if v consents to risk of neglegence from occupier

warning s1(5)- if occupier takes reasonable steps in circumstances to warn of danger/form of discouragement(signs)