OLA 1984 Sections Flashcards

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1
Q

1) Introduction

A
  • OLAs
  • common humanity, BRB v H
  • definition, A v D
  • 57 relevance
  • trespasser, T v CBC
  • occupier, W v E.LAC
  • premises, W v C
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2
Q

Section 1(1)

A
  • danger, state of premises

- K v CNT

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3
Q

Section 1(3)

A

3) Duty of care
- aware of danger, R v AWP
- d in vicinity (x unexpected) H v F
- some protection (x obvious) R v M

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4
Q

Section 1(4)

A

4) Standard of care
- reasonable care
- comparison, V v M, B v BW, B v FBHMC
- factors (degree, cost T v CBC, age J v S)
- obvious and older B v WW
- foolhardy/ expertise D v F

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5
Q

Section 1(5)

A
  • oral/written warning
  • W v PO
  • less effective with child
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6
Q

Section 1(6)

A
  • volenti non fit injuria (consent)
  • fully understood nature> aware & free choice
  • R v M
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